IN THE CASE OF:	  

		BOARD DATE:	        11 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080009012 


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, that his request to have his military records corrected to show that he served in the Battle of the Bulge and in Luxembourg, and that he participated in Operation Varsity [the Allied airborne crossing of the Rhine River in March 1945] be included in his military records, and that his military records be corrected to show a bronze service star to be affixed to his already awarded basic Parachutist Badge to denote his participation in a combat parachute jump and a bronze arrowhead to be affixed to his already awarded European-African-Middle Eastern Campaign Medal with Three Bronze Service Stars be reconsidered.  He also requests that his military records be corrected to show that on 3 April 1945, while serving as a forward observer (F.O.) for Companies E and F of the 513th Parachute Infantry Regiment, he was wounded three separate times while delivering artillery fire on a massive Schutzstaffeln (SS) unit, fighting to the end as he finally "fired for effect" to allow survivors and the wounded to be saved.

2.  The applicant essentially states that after reviewing the proceedings from the Army Board for Correction of Military Records (ABCMR) in its previous consideration of his case, he is angry and disturbed beyond description.  He also states that the implication that he was not in Operation Varsity is unbelievable and libelous.  He further states, in effect, that the ABCMR totally failed to respond to his request to record his events in Luxembourg and at Munster, Germany, and that during his service in Munster, Germany, it was only his last salvo of artillery that allowed the living and wounded to be evacuated.  He continued by essentially stating that all of his acts during the events of Operation Varsity and in Luxembourg and Munster, Germany are included in his previously submitted application, which included a letter from his medical officer at the time, and that he is submitting some additional copies of information to support his claim and to refute the ABCMR's previous findings.  Specifically, he essentially states that he wants his military records to show:

	a.  a bronze service star to be affixed to his basic Parachutist Badge for a combat parachute jump; and

	b.  that on 3 April 1945, while serving as a F.O. for Companies E and F of the 513th Parachute Infantry Regiment, he was wounded three separate times while delivering artillery fire on a massive SS unit, fighting to the end as he finally "fired for effect" to allow survivors and the wounded to be saved.

3.  The applicant provides an undated, self-authored letter which has been incorporated around data from a DA Form 1577 (Authorization for Issuance of Awards), an undated sheet with three paragraphs of information related to Operation Varsity, a photograph with the applicant's nameplate, with the European-African-Middle Eastern Campaign Medal with One Bronze Arrowhead and Three Bronze Service Stars and the basic Parachutist Badge with One Bronze Service Star, two photographs which the applicant states were taken at the 2007 reunion of the 17th Airborne Division, a picture the applicant states was taken of him at the 2005 reunion of the 17th Airborne Division, and information about him related to a book he co-published with one of his daughters in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20070009865, on 4 December 2007.

2.  The applicant requested that his military records be corrected to show that he served in the Battle of the Bulge.  However, the previous ABCMR proceedings has already stated that the applicant's credit for the Battle of the Bulge is contained in his credit in the Ardennes campaign already shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).  As a result, correcting the applicant's military records to show that he served in the Battle of the Bulge will not be discussed further in these proceedings.

3.  The applicant also requested that his military records be corrected to show that he served in Luxembourg, and essentially stated that he was ordered by his officer to go out alone in total darkness to repair a severed phone line.  However, there was no regulatory requirement to list each country a Soldier served in during World War II on the WD AGO Form 53-55.  Additionally, there is no evidence to corroborate the applicant's statement that he went out alone in total darkness to repair a severed phone line in Luxembourg.  Further, individual acts of service are not recorded on the WD AGO Form 53-55.

4.  The applicant also essentially requested that his military records be corrected to show that he participated in Operation Varsity, and that his military records be corrected to show a bronze service star to be affixed to his already awarded basic Parachutist Badge to denote his participation in a combat parachute jump and a bronze arrowhead to be affixed to his already awarded European-African-Middle Eastern Campaign Medal with Three Bronze Service Stars.  The applicant also stated, in effect, that a letter from his medical officer at the time corroborates that he participated in Operation Varsity and made a combat parachute jump.  However, as was pointed out in the previous record of proceedings, this letter does not specifically state that the applicant physically exited from an aircraft during Operation Varsity.  The applicant also did not provide any eyewitness statements or other evidence which corroborates his claim that he participated in Operation Varsity.

5.  The applicant also requested that his military records be corrected to show that on 3 April 1945, while serving as a F.O. for Companies E and F of the 513th Parachute Infantry Regiment, he was wounded three separate times while delivering artillery fire on a massive SS unit, fighting to the end as he finally "fired for effect" to allow survivors and the wounded to be saved.  However, while the applicant's military records essentially show that he was wounded in action on three separate occasions, as evidenced by his award of the Purple Heart with Second Oak Leaf Cluster, the exact circumstances surrounding how he was wounded and what duties he was performing at the time cannot be conclusively determined based upon the limited information in his remaining military records.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant was carefully considered.  However, in order to justify correction of a military record, the applicant must show to the satisfaction of the Board, 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.

2.  While the sincerity of the applicant's claim that he served in Luxembourg and was ordered by his officer to go out alone in total darkness to repair a severed phone line is not questioned, there was no regulatory requirement to list each country a Soldier served in during World War II on the WD AGO Form 
53-55.  Additionally, there is no evidence to corroborate the applicant's statement that he went out alone in total darkness to repair a severed phone line in Luxembourg.  Further, individual acts of service are not recorded on the 
WD AGO Form 53-55.  In view of the foregoing there is insufficient basis for granting relief to this portion of the applicant's request.

3.  The sincerity of the applicant's claim that he participated in Operation Varsity is also not questioned.  However, as was pointed out in the previous record of proceedings, the letter from the medical officer that the applicant stated shows that he participated in Operation Varsity in fact does not specifically state that the applicant physically exited from an aircraft during this operation.  The previous record of proceedings also essentially informed the applicant that he provided no evidence such as an eyewitness statement.  However, in his request for reconsideration, although he strongly stated that he did in fact participate in Operation Varsity, he again failed to provide evidence such as an eyewitness statement to corroborate his claim.  Regrettably, in view of the foregoing, there is insufficient basis upon which to correct his military records to show a bronze service star to be affixed to his already awarded basic Parachutist Badge or a bronze arrowhead to be affixed to his already awarded European-African-Middle Eastern Campaign Medal with Three Bronze Service Stars.

4.  It is clear that the applicant wants his military records corrected to show that on 3 April 1945, while serving as a F.O. for Companies E and F of the 513th Parachute Infantry Regiment, he was wounded three separate times while delivering artillery fire on a massive SS unit, fighting to the end as he finally "fired for effect" to allow survivors and the wounded to be saved.  However, while the applicant's military records essentially show that he was wounded in action on three separate occasions, the exact circumstances surrounding how he was wounded and what duties he was performing at the time cannot be conclusively determined based upon the limited information in his remaining military records.  Additionally, as individual acts of service are not recorded on the WD AGO Form 53-55, the entry of such information into a Soldier's military records would normally only occur through the issuance of a personal decoration for valor or achievement.  As the applicant's WD AGO Form 53-55, as amended by his 
DD Form 215, does not show that he received any personal decorations for valor or achievement, there is insufficient basis upon which to grant relief to this portion of the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to amend the decision of the ABCMR set forth in Docket Number AR20070009865, dated 4 December 2007.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___        XXX                ___
                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)                                         AR20080009012



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ABCMR Record of Proceedings (cont)                                         AR20080009012



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