IN THE CASE OF:	  

		BOARD DATE:	  21 May 2009

		DOCKET NUMBER:  AR20090000536 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), dated 15 January 1946, be corrected to reflect his military occupational specialty (MOS) as machine gunner vice light truck driver and to include all awards he is entitled to based on his military service.  

2.  The applicant states, in effect, that he would like a corrected WD AGO Form 53-55, reflecting his correct MOS as a machine gunner in Item 30 (Military Occupational Specialty and Number).  He claims he was a machine gunner during the war and was later transferred to the motor pool to drive the company commander's jeep.  He states that during his discharge processing, he requested his MOS show he was a truck driver because he did not know of any civilian jobs that were hiring machine gunners.  He further states he would like all awards and citations he is entitled to added to his WD AGO Form 53-55. 

3.  The applicant provides the following documents in support of his application: self-authored statement; WD AGO Form 53-55, dated 15 January 1946; National Personnel Records Center (NPRC) letter, dated 11 August 2004; Office of the Adjutant General letter, dated 15 December 1948; Headquarters, 3rd Infantry Division General Orders Number 366, dated 2 October 1945; and United States Senate Release Form.


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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records that primarily consist of the applicant's WD AGO Form
53-55, WD Form 373A (Final Payment Work Sheet), Service Record Extract, and an 11 August 2004 NPRC letter.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 26 July 1943.  It also shows he held MOS 345 (Light Truck Driver) in Item 30.  It further shows the highest rank he held while serving on active duty was private first class (PFC).  

4.  The applicant's WD AGO Form 53-55 further confirms he served in the European Theater of Operations (ETO) from 30 March 1944 to 25 December 1945 and served with the 15th Infantry Regiment, 3rd Infantry Division.  It also shows he participated in the Rome-Arno, Southern France, Rhineland, and Central Europe campaigns of World War II.  

5.  Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55 shows he earned the Expert Infantryman Badge (EIB) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 33 (Decorations and Citations) shows he earned the Army Good Conduct Medal (AGCM), European-African-Middle Eastern (EAME) Campaign Medal with bronze arrowhead, Silver Star (SS), Distinguished Unit Badge (now known as the Presidential Unit Citation (PUC)), French Croix De Guerre, and the World War II Victory Medal.  

6.  The Service Record extract on file shows the applicant was awarded the Combat Infantryman Badge (CIB) in 15th Infantry Regiment Special Order 47, dated 11 June 1944.  A WD Form 372A on file at the NPRC pertaining to the applicant confirms he was receiving combat infantry pay at the time of separation on 15 January 1946.

7.  The applicant provides an NPRC Letter, dated 11 August 2004, which verifies his entitlement to the following awards:  SS, Bronze Star Medal (BSM), AGCM, PUC, American Campaign Medal (ACM), EAME Campaign Medal with 4 bronze service stars and bronze arrowhead, World War II Victory Medal, CIB, EIB, Honorable Service Lapel Button, Sharpshooter Marksmanship Badge with Rifle Bar, and the French Croix de Guerre.

8.  Review of the applicant's available records indicates entitlement to additional awards and decorations that are not shown on his WD AGO Form 53-55.

9.  War Department Circular 186-1944 provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct.  Thus, pay records are frequently the best available source to verify entitlement to this award.  

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) 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 CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This source confirms that during his tenure of assignment, the applicant’s unit (15th Infantry Regiment) was awarded the 
French Fourragere and assault landing credit for Southern France.  It further 

shows participation credit was granted for the Anzio, Ardennes-Alsace, Central Europe, Rhineland, Rome-Arno, and Southern France campaigns.

12.  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.  This regulation also authorizes a bronze service star or a silver service star in lieu of five bronze service stars based on qualifying service, for each campaign listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  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.

13.  Army Regulation 600-8-22 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, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or 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.

14.  Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, stated that the MOS and Number held at the time of separation would be entered in Item 30 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to additional awards was carefully considered and found to have merit.  The evidence of record confirms the applicant was receiving combat infantry pay at the time of his separation as evidenced by the WD Form 372A on file.  It also confirms the applicant was awarded the CIB as evidenced by his Service Record extract, which shows he was awarded the CIB and that the award was authorized and announced in appropriate orders.  Therefore, it would be appropriate to add the CIB to his WD AGO Form 53-55.

2.  The applicant is also entitled to the BSM based on award of the CIB. Therefore, it would be appropriate to award the applicant the BSM and to add this award to his WD AGO Form 53-55.

3.  Furthermore, based on the applicant's World War II service, and his service and campaign participation in the ETO, he is also eligible to receive the French Fourragere and 1 silver service star and 1 bronze service star (denoting participation in six campaigns including the Anzio and Ardennes-Alsace campaigns which are not shown on his WD AGO Form 53-55) for wear with his EAME campaign medal.

4.  Although the11 August 2004 NPRC letter indicated the applicant was eligible for award of the American Campaign Medal, there is insufficient evidence to show he served in the American Theater and he did not serve within the continental United States for an aggregate period of at least one year.

5.  The applicant's request to change the MOS listed on his separation document was also carefully considered.  However, the governing regulation in effect at the time provided for entering the MOS held at separation in Item 30 of the WD AGO 
Form 53-55.  As a result, given the applicant states he had been transferred to the motor pool and was serving as the company commander's driver at the time of his separation, his truck driver MOS was appropriately entered on the separation document.  Absent any evidence of error or injustice related to this matter, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

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 his WD AGO Form 53-55 as follows:

   a.  adding to item 31 the Combat Infantryman Badge;

	b.  awarding the Bronze Star Medal based on award of the Combat Infantryman Badge;

	c.  adding to item 32 the Anzio and Ardennes-Alsace campaigns;  

	d.  deleting the current list of awards in item 33 and replacing it with the entry
"Silver Star, Bronze Star Medal; Army Good Conduct Medal; World War II Victory Medal; European-African-Middle Eastern Campaign Medal with 1 silver service star, 1 bronze service star, and a bronze arrowhead; Presidential Unit Citation; French Croix De Guerre; French Fourragere; and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar"; and 

	e.  providing him a correction to his WD AGO Form 53-55 that reflects these changes.  

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 correction to his military occupational specialty.



      _________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)                                         AR20090000536



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ABCMR Record of Proceedings (cont)                                         AR20090000536



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