IN THE CASE OF:	  

		BOARD DATE:	       12 MARCH 2009

		DOCKET NUMBER:  AR20080015502 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show a second award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), an arrowhead to be affixed to the European-African-Middle Eastern Campaign Medal, and two awards of the Meritorious Unit Commendation.   

2.  The applicant states, in effect, that he was awarded these items but they are not reflected on his WD AGO Form 53-55.

3.  The applicant provides a copy of his 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.  

3.  The applicant was inducted into the Army of the United States on
24 November 1943 and he entered active duty on 15 December 1943.  He served in the European Theater of Operations from 27 June 1944 to 8 December 1945 and was honorably discharged on 1 January 1946.  

4.  Item 6 (Organization) on his WD AGO Form 53-55 shows he was assigned to Company M, 357th Infantry Regiment.  Item 32 (Battles and Campaigns) shows he participated in the Normandy, Northern France, Rhineland, Ardennes, and Central Europe Campaigns.  His WD AGO Form 53-55 shows the Good Conduct Medal, Purple Heart, Bronze Star Medal, European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal as authorized awards.  His WD AGO Form 53-55 also shows that he received the Combat Infantryman Badge.

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the 357th Infantry Regiment received credit for an assault landing at Normandy on 6-7 June 1944.

6.  Department of the Army Pamphlet 672-1 does not shows the applicant’s unit was cited for the Meritorious Unit Commendation while he was assigned to it.

7.  Department of the Army Pamphlet 672-1 does show the applicant’s unit received occupation credit for Germany for the period 20 May 1945 to 
31 October 1945.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star 

Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

9.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

10.  Army Regulation 600-8-22 provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.

11.  Army Regulation 600-8-22, in pertinent part, states that the Meritorious Unit Commendation (formerly known as the Meritorious Service Unit Plaque until 
1 March 1961) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Service in a combat zone is not required, but must be directly related to the combat effort.  The unit must display such outstanding devotion and superior performance of exceptionally difficult tasks as to set it apart and above other units with similar missions.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.  Only in rare cases will a unit larger than a battalion qualify for award of this decoration.  For services performed during World War II, awards will be made only to service units and only for services performed between 1 January 1944 and 15 September 1946.

12.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.



13.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, 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 applicant received an award of the Bronze Star Medal prior to his separation from active duty on 1 January 1946.  After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II.  Therefore, the applicant is entitled to two awards of the Bronze Star Medal and correction of his records to show the Bronze Star Medal with first oak leaf cluster.

2.  There is no evidence of record, and the applicant has provided no evidence such as an eyewitness statement, which shows that he participated in a combat parachute jump or assault landing during World War II.  Department of the Army Pamphlet 672-1 shows the 357th Infantry Regiment received credit for an assault landing at Normandy on 6-7 June 1944.  However, the applicant did not arrive in the European Theater of Operations until 27 June 1944.  Regrettably, there is insufficient evidence on which to award an arrowhead to be affixed to his European-African-Middle Eastern Campaign Medal.

3.  The applicant's unit was not cited for award of the Meritorious Unit Commendation while he was assigned to it.  Therefore, there is insufficient evidence on which to base any award of the Meritorious Unit Commendation in this case. 

4.  The applicant participated in five battles and campaigns during his assignment in the European Theater of Operations.  Therefore, he is entitled to the European-African-Middle Eastern Campaign Medal with one silver service star. 

5.  The applicant's unit received occupation credit for Germany.  Therefore, he is entitled to the Army of Occupation Medal with Germany Clasp.    




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 amending the applicant’s WD AGO Form 53-55 to show the Bronze Star Medal with first oak leaf cluster, the European-African-Middle Eastern Campaign Medal with one silver service star, 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 an arrowhead to be affixed to the European-African-Middle Eastern Campaign Medal or two awards of the Meritorious Unit Commendation.



      ________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)                                         AR20080015502



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ABCMR Record of Proceedings (cont)                                         AR20080015502



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