IN THE CASE OF:	 

	BOARD DATE:	  28 August 2008

	DOCKET NUMBER:  AR20080010775 


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 of his Enlisted Records and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show his unit as Battery C, 397th Antiaircraft Artillery Automatic Weapons Battalion (397th AAA Bn); and that he was awarded the Purple Heart, Combat Infantryman Badge, and five bronze service stars on his European-African-Middle Eastern 
Campaign Medal. 

2.  The applicant states that he was originally assigned to the 397th AAA Bn and was blown out of a truck by a bomb.  He further states that he was attached to the 1st Infantry Division.

3.  The applicant provides a partial copy of General Orders Number 2, 397th AAA Bn, dated 11 August 1945.

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.  

3.  The applicant’s WD AGO Form 53-55 shows:

	a.  that his organization was the Prisoner of War Overhead Detachment 6952 (Provisional);

      b.  that he was inducted into the Army of the United States on 3 March 1943 and entered active duty on 10 March 1943;

	c.  that he was an infantryman with a military occupational specialty 605 (Heavy Machine Gunner);	

      d.  that he was assigned to the European Theater of Operations (ETO) and arrived in the theater on 11 March 1944;

	e.  that he participated in four campaigns and one assault landing in the ETO and had qualified as a marksman with his M-1 rifle;

	f.  that his awards include the World War II Victory Medal, American Defense Service Medal, American Campaign Medal, Distinguished Unit Citation [now known as the Presidential Unit Citation], and the European-African-Middle Eastern Campaign Medal with bronze arrowhead;

      g.  that he served in the ETO until 30 September 1945, when he redeployed to the United States; and

	h.  that he did not receive any wounds in actions.




4.  General Orders Number 2, 397th AAA Bn, dated 11 August 1945, shows that the applicant was a member of C Battery.

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II.  This publication does not list the Prisoner of War Overhead Detachment 6952 (Provisional) as a unit that served in an overseas theater and received unit awards.  It does show that the 397th AAA Bn, during the time of the applicant's assignment participated in the following five campaigns: the Ardennes-Alsace; Ground Combat, European-African-Middle-Eastern Theater; Normandy; Northern France; and Rhineland.  It also received credit for an assault landing at Normandy and for occupation of Germany.  

6.  Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided, in pertinent part, that Item 6 (Organization) of the WD AGO Form 53-55 was to show the last unit, or similar element to which the Soldier was assigned, rather than the element of which the Soldier was a part of while moving to a separation activity.  Assignments to units for the purpose of transferring from the theater to the United States were considered part of the movement to a separation activity.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  It provides, in pertinent part, that a bronze service star will be awarded for wear on the European-African-Middle-Eastern Campaign Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

8.  Army Regulation 600-8-22 further provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 further provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit 
was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly supports the applicant’s contention that he served with the 397th AAA Bn in the ETO.  Furthermore, the organization shown on his WD AGO Form 53-55 does not appear to have served in the ETO.  Therefore, his WD AGO Form 53-55 should be corrected to show the 397th AAA Bn as his organization.

2.  Records show that the 397th AAA Bn participated in the following five campaigns: Ardennes-Alsace, Ground Combat European-African-Middle-Eastern Theater, Normandy, Northern France, and the Rhineland.  Therefore, his WD AGO Form 53-55 should be corrected to show these campaigns. 

3.  Records show that the applicant’s unit was credited with occupation of Germany.  Therefore, his WD AGO Form 53-55 should be corrected to show award of the Army of Occupation Medal with Germany Clasp.

4.  There is no available evidence, other than the applicant’s contention, showing that he was assigned or attached to the 1st Infantry Division.  Furthermore, there is no evidence showing that he was assigned to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.   Therefore, he is not entitled to award of the Combat Infantryman Badge.

5.  There is no available evidence showing that the applicant was wounded in action and received medical treatment.  Therefore, he is not entitled to award of the Purple Heart.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  __X_____  __X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing in Item 6 (Organization) of his WD AGO Form 53-55 the entry: 397th Antiaircraft Artillery Automatic (AAA) Weapons Battalion;

	b.  deleting from Item 32 (Battles and Campaigns) of his WD AGO Form 53-55: Central Europe;

	c.  adding to Item 32 (Battles and Campaigns) of his WD AGO Form 
53-55: Ardennes-Alsace and Ground Combat, European-African-Middle Eastern Theater;

	d.  showing in Item 33 (Decorations and Citations) of his WD AGO Form 53-55, in addition to the awards already shown, that his awards include a silver service star to be affixed to his European-African-Middle Eastern Campaign Medal and the Army of Occupation Medal with Germany Clasp.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart and Combat Infantryman Badge.


	__________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080010775



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