IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080005691
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction to his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to reflect his service during the Battle of the Bulge.
2. The applicant states, in effect, that he served in the Battle of the Bulge and his separation document does not reflect his service there.
3. In support of his application, the applicant provides a copy of his WD AGO Form 53-55.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the applicant provided a WD AGO Form 53-55 for the Board to conduct a fair and impartial review of this case.
3. The applicants available military record shows he was inducted into the Army of the United States, in pay grade E-1, on 28 June 1943 and entered active duty on 12 July 1943. He completed training and was assigned military occupational specialty 044, canvas cover repairman. He served with the 328th Ordnance Heavy Automotive Maintenance Company.
4. The applicant was honorably separated from active duty, in the rank of Technician Fifth Grade, on 20 April 1946, for the Convenience of the Government at Demobilization.
5. The applicant's WD AGO Form 53-55, Item 32 (Battles and Campaigns) shows that he was given credit for participating in the Rhineland campaign of World War II. Item 36 (Service Outside Continental US And Return) shows he served in the European Theater of Operations from 11 October 1944 to 15 April 1946 and he was credited with 1 year, 6 months, and 5 days overseas service.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that his unit did not receive campaign credit for the Battle of the Bulge which occurred during the Ardennes-Alsace campaign. Regulations, in effect, did not provide for awarding credit or any other form of recognition to show participation in battles such as the Battle of the Bulge. Credit was only awarded for recognized campaigns.
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not show the applicant participated in the Battle of the Bulge which occurred during the Ardennes-Alsace campaign. The available evidence shows he received campaign credit for the Rhineland campaign. Therefore, based on the foregoing, the applicant is not entitled to correction to his WD AGO From 53-55 to reflect that he served in the Battle of the Bulge.
2. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ____x___ ____x__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080005691
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ABCMR Record of Proceedings (cont) AR20080005691
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