IN THE CASE OF:	  

		BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090006007 


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 award of a bronze service star to be affixed to his previously-awarded American Campaign Medal.

2.  The applicant states, in effect, that it is his understanding that there are three campaigns for which bronze service stars are authorized to be worn on the American Campaign Medal recognizing qualifying service during the period of 7 December 1941 through 2 September 1945:  Antisubmarine, Ground Combat, and Air Combat.  The applicant contends that if his observation is correct, the American Campaign Medal awarded to him should include a bronze service star for ground combat.

3.  The applicant provides copies of his WD AGO 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) as documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in a related case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070017656, on 20 March 2008.



2.  The applicant provides a new argument that he is entitled to award of a bronze service star to be affixed to the American Campaign Medal he was awarded as a result of his previous ABCMR case.  The applicant contends he should be awarded a bronze service star based upon his participation in ground combat during the period of 7 December 1941 through 2 September 1945.  This argument was not previously reviewed by the ABCMR.  Therefore, it is con-sidered new evidence and as such warrants consideration by the Board.

3.  The applicant's record, as corrected, shows he was inducted into the Army of the United States on 3 November 1942 and entered active duty on 17 November 1942.  His military occupational specialty at the time of separation was Rifleman. The applicant held the rank of technician fifth grade on the date of his separation and this was the highest rank he attained while serving on active duty.  He was assigned to Company K, 15th Infantry Regiment, 3rd Infantry Division.  The applicant was honorably discharged on 21 September 1945, after completing a total of 2 years, 10 months, and 5 days of active military service.

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55, as corrected, shows credit for participation in the following campaigns:  Tunisian, Sicilian, Naples-Foggia, Rome-Arno, Southern France, Ardennes, Rhineland, Anzio, and Central Europe.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55, as corrected, shows that he was awarded the Purple Heart, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with one silver service star and four bronze service stars with one bronze arrowhead device, the American Campaign Medal, the Bronze Star Medal, and the World War II Victory Medal.

6.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "Anzio Beachead Italy Mar 15 1944 [15 March 1944].

7.  Item 36 (Service Outside Continental United States and Return) of the applicant's WD AGO Form 53-55 shows the applicant departed the continental limits of the United States of America (USA) on 21 March 1943 and arrived in the European Theater of Operations (ETO) eight days later on 29 March 1943.  The applicant departed the ETO on 6 September 1945 and arrived in the USA eight days later on 14 September 1945.

8.  Item 37 (Total Length of Service) of the applicant's WD AGO Form 53-55 shows he had a total of 4 months and 11 days of service within the continental limits of the USA and 2 years, 5 months, and 24 days of foreign service.
9.  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, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the conti-nental United States as a passenger or in a temporary duty status for 30 consec-utive 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.  

10.  Army Regulation 600-8-22 also provides that one bronze service star is authorized for wear on the American Campaign Medal to denote participation in the antisubmarine campaign.  The individual must have been assigned or attached to, and present for duty with, a unit credited with the campaign.  Although there were contingency plans for both ground combat and air combat within the American Theater of Operations, neither of them was ever implemented and there are no provisions for awarding service stars for either of them.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award of a bronze service star for ground combat to be affixed to his previously awarded American Campaign Medal was carefully considered and determined to lack merit.

2.  Evidence shows that the applicant did not complete a qualifying period of service in order to be eligible for award of the American Campaign Medal and he appears to have received it in error.  Additionally, although there were contingency plans for both ground combat and air combat within the American Theater of Operations, neither of them was ever implemented and there are no provisions for awarding service stars for either of them.

3.  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.  Therefore, he is not entitled to the requested relief.
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 for correction of the records of the individual concerned.



      _______ _   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)                                         AR20090006007





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ABCMR Record of Proceedings (cont)                                         AR20090006007



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