IN THE CASE OF:	  

		BOARD DATE:	        29 January 2009

		DOCKET NUMBER:  AR20080013969 


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 the American Campaign Medal, European-African-Middle Eastern Campaign Medal with one silver service star, the World War II Victory Medal, and the Honorable Service Lapel Button for World War II be added to his 1945 separation document.

2.  The applicant states he was not aware that he was eligible for these decorations until he received notification from the National Personnel Records Center in June 2008.  He notes that other than the Army Good Conduct Medal none of the other decorations are reflected on his separation document.

3.  The applicant provides a copy of the June 2008 letter from the National Personnel Records Center indicating authorization for shipment of the above noted decorations as well as the Army Good Conduct Medal.  He also provided a copy of his 1945 WD (War Department) AGO (Adjutant General Office) Form 
53-55 (Enlisted Record and Report of Separation Honorable Discharge).

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 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 to conduct a fair and impartial review of this case.

3.  According to the applicant's separation document, he was inducted on
11 August 1942 and entered active duty on 26 August 1942.  He arrived in the European theater on 23 February 1944 where he was assigned to the 531st AAA AW (Anti-Aircraft Artillery Automatic Weapons) Battalion.  He returned to the United States on 2 October 1945.

4.  The applicant was honorably discharged on 11 October 1945.  Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows award of the Good Conduct Medal and item 55 (Remarks) shows the lapel button was issued.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and
2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations; duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days; duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days; active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher; or service within the continental United States for an aggregate period of one year.

6.  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.

7.  Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  A silver service star is worn in lieu of five bronze service stars.

8.  Item 32 on the applicant’s WD AGO Form 53-55 notes he participated in five campaigns while in the European Theater (Normandy, Northern France, Rhineland, Ardennes, and Central Europe).

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates the applicant’s unit was credited with participating in the five campaigns listed on his WD AGO Form 53-55.  That pamphlet also indicates the applicant’s unit was awarded the Belgian Fourragere and was authorized occupation credit during the period the applicant was assigned to the organization.  

10.  Army Regulation 600-8-22 provides for award of the Belgian Fourragere.  This regulation states that it may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic but must be by special decree of the Belgian Government.  Persons who were present in only one action are not authorized to wear the Fourragere.

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, 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.  Evidence available to the Board indicates the applicant is entitled to the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one silver service star, and the World War II Victory Medal.  His separation document should be corrected accordingly.

2.  The evidence also confirms the applicant is entitled to the Army of Occupation Medal with Germany Clasp and the Belgian Fourragere.  These decorations should also be added to his separation document.
3.  The applicant’s entitlement to the Honorable Service Lapel Button for WWII is currently annotated on his separation document by the entry in item 55 showing the button was issued.  Therefore, no additional entry on the separation document is necessary.

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 adding to his WD AGO Form 53-55 the American Campaign Medal, European-African-Middle Eastern Campaign Medal with one silver service star, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, and the Belgian Fourragere.

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 an additional entry of the Honorable Service Lapel Button for WWII on the applicant’s separation document beyond the entry already in item 55.



      __________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)                                         AR20080013969



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013969



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1