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ARMY | BCMR | CY2009 | 20090001203
Original file (20090001203.txt) Auto-classification: Denied
DOCKET NUMBER:  AR20090001203 


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, reconsideration of his earlier petition to show on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) the Ardennes-Alsace campaign. 

2.  The applicant provides a new argument in the form of a self-authored statement.  

3.  The applicant provides a self-authored statement in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080001119, dated 1 July 2008.  

2.  During its initial review of the case, the Board determined there was insufficient evidence to confirm the applicant's unit participated in the Ardennes-Alsace campaign during World War II.  

3.  The applicant submits a statement, dated 2 December 2008, which includes a new argument that requires reconsideration.  


4.  The applicant states that on 19 December 1944, the 481st Anti-Aircraft Artillery Automatic Weapons (AAA AW) Battalion was with the 3rd Army and that General Patton was at the 3rd Army Headquarters in France.  On 21 December 1944, General Patton turned the 3rd Army (8-12-15-20 Corps) north towards Belgium and Luxembourg.  The 8th Corps was transferred to the 1st Army, and the 12th Corps stayed with the 3rd Army.  General Patton requested that the 7th Army under General Patch move into the vacated area to protect the 3rd Army in the rear.  This was the 6th Army Group under General Jacob Devers.  The 15th Corps and the 481st AAA AW Battalion stayed in the area with the 7th Army.  In the Alsace area, two major attempts made by the German armies were repulsed by the 7th Army, one in December 1944 and the other in January 1945.  The 481st AAA AW Battalion (semi-mobile), Non Division Unit, Army Ground Support, mainly operated as Ground Support for the following:  The 1st Army from          16 June through August 1944, the 3rd Army from 2 August through 21 December 1944 and the 7th Army from 22 December 1944 through February 1945.

5.  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.  

6.  The evidence show the applicant was inducted into the Army of the United States, on 7 January 1943, and he entered active duty on 14 January 1943.  He served in the European Theater of Operations from 22 February 1944 through 
24 November 1945 and he was honorably discharged on 8 December 1945.  

7.  Item 6 (Organization) on the applicant’s WD AGO Form 53-55 shows that he was assigned to the 481st AAA AW Battalion.  His WD AGO Form 53-55 shows that he participated in four battles and campaigns the Normandy, Northern France, Rhineland, and Central Europe.  

8.  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 481st AAA AW Battalion participated in 5 campaigns, which included the Central Europe, Ground Combat (European-African-Middle Eastern Theater (EAME)), Normandy, Northern France, and the Rhineland campaigns during World War II.

9.  A DD Form 215 (Correction to WD AGO Form 53-55), dated 29 June 1998,  amended the applicant’s WD AGO Form 53-55 to add the Ground Combat (EAME) campaign to item 32 on his WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  After a thorough review of the available evidence to include the applicant’s new argument, it is again concluded that there is no evidence which shows the applicant’s unit participated in the Ardennes-Alsace campaign during World War II.  Department of the Army Pamphlet does not verify that the 481st AAA AW was awarded campaign credit for the Ardennes- Alsace campaign.  Therefore, there is insufficient evidence on which to amend item 32 on his WD AGO Form 53-55.  

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement or that would support amendment of the original Board decision in this case.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x_____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080001119, dated 1 July 2008.



      _______ _   __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)                                         AR20090001203



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ABCMR Record of Proceedings (cont)                                         AR20090001203



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