IN THE CASE OF:	  

		BOARD DATE:	        30 April 2009

		DOCKET NUMBER:  AR20080019198 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he participated in the Battle of the Bulge.

2.  The applicant states that he participated in the Battle of the Bulge on 
16 December 1944 with his unit (Battery A, 32nd Field Artillery Battalion).

3.  The applicant provides a letter, dated 6 November 2008, from the Veterans of Foreign Wars of the United States, a personal account of his experiences on 
16 December 1944, and 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 enlisted in the Regular Army on 26 September 1940.  He served in the European Theater of Operations from 7 August 1942 through 
2 June 1945 and was honorably discharged on 25 June 1945.

4.  Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows he was assigned to Battery A, 32nd Field Artillery Battalion.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he participated in seven campaigns (Algeria-French Morocco, Tunisia, Sicily, Normandy, Northern France, Rhineland, and Central Europe).  Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows the Good Conduct Medal, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal, and the Bronze Star Medal as authorized awards.        

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 32nd Field Artillery Battalion participated in eight campaigns (Algeria-French Morocco, Tunisia, Sicily, Normandy, Northern France, Ardennes-Alsace, Rhineland, and Central Europe) during World War II.  

6.  Department of the Army Pamphlet 672-1 shows the 32nd Field Artillery Battalion was cited for the Distinguished Unit Citation (currently known as the Presidential Unit Citation) for actions on 21-24 March 1943 based on War Department General Orders 66, dated 1945. 
 
7.  Department of the Army Pamphlet 672-1 shows the applicant’s unit received occupation credit for Germany for the period 2 May 1945 to 31 October 1945.  

8.  Army Regulation 600-8-22 (Military Awards) states the Ardennes (or Ardennes-Alsace) campaign lasted from 16 December 1944 through 25 January 1945.  Credit for the Battle of the Bulge is contained in the Ardennes campaign.  The Battle of the Bulge is not listed as a separate campaign.

9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11.  Army Regulation 600-8-22 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, 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 entry in the Department of the Army Pamphlet 672-1 which shows the applicant's unit (32nd Field Artillery Battalion) participated in the Ardennes-Alsace campaign during World War II is accepted as sufficient evidence on which to amend item 32 on the applicant's WD AGO Form 53-55 to show he participated in the Ardennes campaign.  

2.  The applicant's unit participated in eight battles and campaigns during his assignment in the European Theater of Operations which entitles him to the European-African-Middle Eastern Campaign Medal with one silver service star and three bronze service stars.

3.  The applicant served a period of qualifying service for award of the World War II Victory Medal.

4.  The applicant's unit was cited for the Presidential Unit Citation while he was assigned to it.

5.  The applicant's unit received occupation credit for Germany which entitles him to award of 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:

	a.  adding the entry "Ardennes-Alsace" in item 32 on his WD AGO Form 
53-55; and

	b.  adding the World War II Victory Medal, the Presidential Unit Citation, the Army of Occupation Medal with Germany Clasp, and one silver service star and three bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal on his WD AGO Form 53-55.

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 his WD AGO From 53-33 to show he participated in the Battle of the Bulge.  




      ___________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)                                         AR20080019198





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ABCMR Record of Proceedings (cont)                                         AR20080019198



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