IN THE CASE OF:	  

		BOARD DATE:	        16 OCTOBER 2008

		DOCKET NUMBER:  AR20080011498 


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 correction of his Enlisted Record and Report of Separation (WD AGO Form 53-55) to show the time that he served in Company M, 75th Infantry Battalion, 290th Infantry Regiment.  He also requests that he be furnished all medals and recognition to which he may be entitled.

2.  The applicant states that he was in combat for approximately 3 weeks before he caught trench feet and was sent back to England.  He states that he was hospitalized for 4 to 5 months before he was sent back to Paris, France to the 94th Military Police Battalion.

3.  The applicant provides in support of his application, a copy of his WD AGO Form 53-55 and Honorable Discharge Certificate for his period of service ending 9 November 1945; and a copy of his WD AGO Form 53-55 for his period of service ending 19 May 1947.

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 was inducted into the Army of the United States in Indianapolis, Indiana, on 10 November 1943 and entered active duty on 1 December 1943.  He successfully completed his training as a driver in military occupational specialty (MOS) 345.  He was transferred to Wales on 22 October 1944.

3.  The applicant was in Paris when he was honorably discharged on 9 November 1945 for the purpose of immediate enlistment in the Regular Army (RA).  The WD AGO Form 53-55 that he was furnished at the time of his discharge shows that he participated in the Ardennes and Rhineland campaigns; that the organization to which he was assigned was Headquarters, Detachment, 94th Military Police Battalion; and that he was awarded the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Army Good Conduct Medal, and the Combat Infantryman Badge.

4.  The applicant reenlisted in the RA on 10 November 1945 and he returned to the Continental United States on 9 December 1945.  He departed the United States on 20 April 1946 and he arrived in the European Theater of Operations on 30 April 1946.  He departed the European Theater of Operations on 12 April 1947 and he arrived in the United States on 22 April 1947.

5.  On 19 May 1947, the applicant was honorably discharged for the Convenience of the Government.  The WD AGO Form 53-55 that he was furnished at the time of his discharge shows that the organization to which he was assigned was Company A, 381 Military Police Service Battalion; and that he was awarded the Army of Occupational Medal, the World War II Victory Medal, and the Combat Infantryman Badge.

6.  Although the date of the Authorization for Issuance of Awards (DA Form 1577) is unclear, it shows that on 24 August 1959, the Department of the Army, Office of The Adjutant General, issued the applicant the Bronze Star Medal, the Army Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars, the World War II Victory Medal, the Army of Occupation Medal with Germany Clasp, and the Combat Infantryman Badge.  However, the Bronze Star Medal, the American Campaign Medal, and the Germany Clasp for wear on the Army of Occupation Medal were never included on his WD AGO Form 53-55.

7.  A review of the available records fails to show that the applicant was assigned to Company M, 75th Infantry Battalion, 290th Infantry Regiment at the time that either of his WD AGO Forms 53-55 were prepared.

8.  Department of the Army Technical Manual 12-235, in effect at the time, served as the authority for the preparation of the WD AGO Form 53-55.  It provides, in pertinent part, that the form will be prepared at the time of separation to reflect information that is current as of the date of separation.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available record, nor has the applicant submitted any evidence that shows that he was assigned to Company M, 75th Infantry Battalion, 290th Infantry Regiment at the time that either of his WD AGO Forms 
53-55 were prepared.  

2.  One of his WD AGO Form 53-55 shows that his organization was Headquarters Detachment, 94th Military Police Battalion and the other WD AGO Form 53-55 shows that his organization was Company A, 381 Military Police Service Battalion. He has provided no evidence to the contrary; therefore, he is not entitled to have his WD AGO Forms 53-55 corrected to show the organization to which he was assigned as Company M, 75th Infantry Battalion, 290th Infantry Regiment.

3.  However, the available records do show that the applicant was issued the Bronze Star Medal, the American Campaign Medal, and the Germany Clasp for wear on the Army of Occupation Medal; and that these awards were never included on either of his WD AGO Forms 53-55.

4.  In view of the foregoing, it would now be appropriate to correct the applicant’s records as recommended below.

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.  amending his WD AGO Form 53-55 for the period ending 9 November 1945 to show that he was awarded the Bronze Star Medal and the American Campaign Medal; and

   b.  amending his WD AGO Form 53-55 for the period ending 19 May 1947 to include the Germany Clasp for wear on his Army of Occupation Medal.

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 amending either of his WD AGO Forms 53-55 to show the organization to which he was assigned was Company M, 75th Infantry Battalion, 290th Infantry Regiment.



      __________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)                                         AR20080011498



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ABCMR Record of Proceedings (cont)                                         AR20080011498



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