IN THE CASE OF:	  

		BOARD DATE:	  17 September 2008

		DOCKET NUMBER:  AR20080009409 


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 record be corrected to document his participation in the Ardennes-Alsace Campaign.  He also requests award of a third bronze star for wear with his European African Middle Eastern (EAME) Campaign Ribbon based on his participation in the Ardennes-Alsace Campaign.

2.  The applicant states, in effect, that he was assigned to the 103rd Infantry Division during the period October 1944 through September 1945.  He also states that the 103rd Infantry Division was awarded campaign participation for the Ardennes-Alsace in 1948.  However, he was discharged as part of demobilization during the early part of 1946, which was prior to the 103rd Infantry being awarded campaign participation for the Ardennes-Alsace.  He further states that he now requests that his WD AGO Form 53-55 be corrected to show his participation in the Ardennes-Alsace campaign and that based on his participation in this campaign he be awarded a third bronze star with his EAME Campaign Ribbon.

3.  The applicant provides his Separation Document (WD AGO Form 53-55) in support of his application.

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 applicant’s 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 applicant’s 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 to the Board 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55.

3.  The applicant's separation document shows he was inducted into the Army of the United States (AUS) on 22 December 1943 and entered active duty on 
12 January 1944.  He held the military occupational specialty (MOS) 745 (Rifleman), and he served with Company I, 410th Infantry Regiment, 103rd Division.  It also shows that he served in the European Theater of Operations (ETO) from 20 October 1944 through 4 September 1945.  

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 confirms his participation in the Rhineland and Central Europe campaign, and Item 33 (Decorations and Citations) shows he earned the American Theater Campaign Medal, European-African-Middle Eastern (EAME) Campaign Medal with 2 bronze stars, Army Good Conduct Medal, World War II Victory Medal, and 1 Overseas Service Bar.  

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 5-12 contains guidance on the
EAME Campaign Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in.  

6.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This source confirms that during his tenure of assignment, the applicant’s unit (410th Infantry Regiment, 103rd Division) was awarded the AOM with Germany Clasp for the period 15 August 1945 through 
3 September 1945, and was credited with participating in the Ardennes-Alsace campaign for the period 16 December 1944 through 25 January 1945.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his separation document should be corrected to reflect his participation in the Ardennes-Alsace campaign and his entitlement to award of the 3rd bronze star with his EAME Campaign was carefully considered and found to have merit. 

2.  The evidence also confirms that during his tenure of assignment in the ETO, the applicant's unit (410th Infantry Regiment, 103rd Division) was credited with participating in the Rhineland, Central Europe, and Ardennes-Alsace campaign for the period 16 December 1944 through 25 January 1945, and received occupation credit for Germany for the period 15 August 1945 through 3 September 1945.  As a result, the applicant is entitled to 3 bronze service stars with his EAME Campaign Medal, and the AOM with Germany Clasp.  Therefore, it would be appropriate to add these awards to his separation document at this time.   

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his entitlement to the Army of Occupation Medal with Germany Clasp and 3 bronze service stars with his European-African-Middle Eastern Campaign Medal; and by providing him a correction to his separation document that includes these awards.  




      _______ _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)                                         AR20080009409



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ABCMR Record of Proceedings (cont)                                         AR20080009409



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