IN THE CASE OF:	  

		BOARD DATE:	  31 March 2009

		DOCKET NUMBER:  AR20090000906 


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) be corrected to show his proper unit and to show his rank as staff sergeant (SSG).

2.  The applicant states, in effect, that he served in an Armor, not an Airborne, unit as is currently shown on the WD AGO Form 53-55 and that he served in a SSG position from January 1945 to 14 November 1945, but was never promoted to this rank.

3.  The applicant provides a self-authored statement, WD AGO Form 100 (Separation Qualification Record), WD AGO Form 53-55, discharge certificate, and photocopies of a dog tag and ribbons/patches 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 (NPRC) in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  This case is being considered using the NPRC reconstructed file and the evidence provided by the applicant.

3.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army of the United States on 22 January 1943 and entered active duty on 29 January 1943.  It shows he held in military occupational specialty (MOS) 604 (Light Machine Gunner) at the time of his separation.  It also shows he served in the European theater of operations (ETO) for 23 July 1944 through 26 July 1945 and that he was credited with participating in the Ardennes, Rhineland, and Central Europe campaigns of World War II (WWII).  Item 33 (Awards and Decorations) shows that during his active duty tenure, he earned the following awards:  Army Good Conduct Medal (AGCM), WWII Victory Medal, American Theater Campaign Medal, and European-African-Middle Eastern Campaign Medal.

4.  Item 3 (Grade) of the WD AGO Form 53-55 confirms he held the rank of SGT on the date of his separation and item 38 (Highest Grade Held) confirms SGT was the highest rank he held while serving on active duty.  Item 4 (Arm or Service) shows he was a member of the Infantry branch; item 6 (Organization) contains the entry "Co B 48th A Inf Bn"; item 30 (MOS and No) shows he held MOS 604; and item 31 (Military Qualification and Date) shows he was awarded the Combat Infantryman Badge (CIB) on 7 May 1945.

5.  The applicant's WD AGO Form 53-55 also confirms that he was honorably separated on 14 November 1945 after completing 2 years, 9 months and 23 days of active military service.  The applicant authenticated this document with his signature in item 56 (Signature of Person Being Separated) on the date of his separation.

6.  The applicant’s Honorable Discharge Certificate contains an entry which shows he served with Company B, 48th Airborne Infantry Battalion, and lists his rank as SGT.  His WD AGO Form 100, which was prepared during his separation processing, also shows his rank as SGT in item 3 (Grade).  Item 11 (Grade) and item 12 (MOS) show that he served in the following grades and MOSs for the periods indicated:  private-521 (Basic), 3 months; private first class (PFC)-565 (Pack Driver) [unspecified]; PFC-844 (Cannoneer), 12 months; PFC-754 (Rifleman), 4 months; and SGT-604 (Light Machine Gunner), 15 months.

7.  Item 13 (Summary of Military Occupations) of the applicant's WD AGO 
Form 100 contains a statement confirming that during his assignment to the ETO, the applicant served in MOS 604 and that he supervised the setting up of machine guns with a squad of 12 men, chose location for setting up guns, and maintained responsibility and control over the men and squad.

8.  The applicant's NPRC file contains a War Department Form 372A (Final Payment-Worksheet) which confirms he held the rank of SGT on the date of his separation.

9.  The applicant provides a photocopy of his uniform unit shoulder sleeve insignia, which shows the patch of the 7th Armored Division.

10.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-WWII) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during WWII.  This source contains no listing for the 48th Airborne Infantry, but does list the 48th Armored Infantry Battalion, 7th Armored Division.

11.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 3-13 provides guidance on award of the Bronze Star Medal (BSM), and paragraph 3-13d(2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders for award of the BSM.

12.  Paragraph 5-13 of the awards regulation contains guidance on the European-African-Middle Eastern Campaign Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the ETO.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his unit should be changed to show it was an Armored and not an Airborne unit was carefully considered and found to have merit.

2.  The evidence of record confirms there was no unit designated as the 48th Airborne Infantry Battalion that served in the ETO during WWII, as evidenced by the unit listing in Department of the Army Pamphlet 672-1.  As a result, it is clear the "A" listed in the organization block of the applicant's WD AGO Form 53-55 stood for Armored and not Airborne, as is erroneously indicated on his honorable discharge certificate.  Therefore, it would be appropriate to correct the applicant's WD AGO Form 53-55 to show his unit as the "48th Armored Infantry Battalion, 7th Armored Division" and to issue him a new honorable discharge certificate listing this unit.

3.  In addition, the evidence of record confirms he is authorized to be awarded the BSM based on his receipt of the CIB during WWII and that he is eligible for three bronze service stars for his European-African-Middle-Eastern Campaign Medal based on his campaign participation in the ETO.  Although the applicant did not request this awards correction, given the correction to his WD AGO 
Form 53-55 is based on the error in his unit designation, it would be appropriate and serve the interest of justice and equity to award him the BSM and to add these awards to his separation document at this time.

4.  The applicant's contention that his rank should be corrected to show SSG instead of SGT was also carefully considered.  However, there is insufficient evidence to support this claim.  The applicant's WD AGO Form 53-55 confirms the applicant held the rank of SGT on the date of his discharge and that this is the highest rank he held while serving on active duty, as evidenced by entries in item 3 and item 38, and corroborated by entries on his WD AGO Form 100 and War Department Form 372A.

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.  issuing him a new Honorable Discharge Certificate and amending item 6 of his WD AGO Form 53-55 to show his unit/organization as "Company B, 48th Armored Infantry Battalion, 7th Armored Division";

	b.  awarding him the Bronze Star Medal for his exemplary conduct in ground combat against an armed enemy while serving in the ETO; 

	c.  showing he is authorized three bronze service stars for his European-African-Middle-Eastern Campaign Medal based on his campaign participation in the ETO; and 

	d.  issuing a correction to his WD AGO Form 53-55 that reflects all 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 changing his rank to SSG.



      _________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)                                         AR20090000906



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ABCMR Record of Proceedings (cont)                                         AR20090000906



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