IN THE CASE OF:
BOARD DATE: 14 July 2009
DOCKET NUMBER: AR20090004099
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 that his deceased father, a former service member (FSM), be awarded a fifth bronze service star (BSS) for his European-African-Middle Eastern (EAME) Campaign Medal.
2. The applicant states that Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that his father's unit, the 202nd Field Artillery Battalion, was credited with participation in five campaigns in the EAME theater of operations. His father was not given credit for the Ardennes-Alsace Campaign. The applicant adds that a book written about the 202nd Field Artillery Battalion also confirms the battalion's participation in five campaigns.
3. The applicant provides an excerpt from Army Pamphlet 672-1, his father's death certificate, and his father's WD AGO 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSM's could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, MO in 1973.
3. The WD AGO Form 53-55 submitted by the applicant shows his father was inducted in the Army of the United States on 18 April 1942, was awarded the military occupational specialty of survey and instrument man, and was promoted to the rank of Tecnician 4. It shows that he arrived in the European Theater of Operations (ETO) on 29 January 1944, was assigned to Headquarters Battery, 202nd Field Artillery Battalion, and left the ETO on 13 November 1945. It shows he was awarded the EAME Campaign Medal with 4 bronze service stars for the Rhineland, Central Europe, Northern France, and Normandy campaigns.
4. The FSM was honorably discharged on 29 November 1945.
5. Army Pamphlet 672-1 shows that the 202nd Field Artillery Battalion was given campaign credit for Ardennes-Alsace for the period 16 December 1944 to 25 January 1945; Central Europe for the period 22 March to 11 May 1945; Normandy for the period 6 June to 24 July 1944; Northern France for the period 25 July to 14 September 1944; and Rhineland for the period 15 September 1944 to 21 March 1945.
6. Army Regulation 600-8-22 (Military Awards), in pertinent part, provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign. A silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. The FSM was assigned to Headquarters Battery, 202nd Field Artillery Battalion in the ETO during the time that unit was credited with participation in five campaigns. As such, he was entitled to five BSSs, which would properly be reflected by the award of a silver service star.
2. Since it is accepted that the FSM also served in the Ardennes-Alsace Campaign, it would also be appropriate to add this campaign to Item 32 (Battles and Campaigns) of his WD AGO Form 53-55.
3. As such, it would be appropriate to correct the FSM's records as recommended below.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing he was entitled to a silver service star to be worn on his EAME Campaign Medal; and
b. adding the Ardennes-Alsace Campaign to Item 32 (Battles and Campaigns) of his WD AGO Form 53-55.
_______ _ _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) AR20090004099
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ABCMR Record of Proceedings (cont) AR20090004099
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