IN THE CASE OF:	  

		BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090007400 


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 the WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), Item 32 (Battles and Campaigns) of her late husband, the former service member (FSM), be corrected to show the Ardennes campaign.

2.  The applicant states, in effect, the FSM was not given combat credit for participation during the Ardennes campaign.   

3.  In support of her application, the applicant provides a letter from the FSM's daughter, copies of the FSM's WD AGO Form 53-55, a DD Form 1577 (Authorization for Issuance of Awards), the FSM's death certificate, and a history and information paper and campaign credit for the 274th Infantry Regiment, 70th Infantry Division.

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 FSM’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  However, documents submitted by the applicant were sufficient for a fair and impartial review of this case.  

3.  The FSM's military records show that he was inducted into the Army of the United States, in pay grade E-1, on 9 May 1944 and he entered active duty on the same date.  He completed training and was assigned military occupational specialty 745 (rifleman).  The FSM served overseas in the European-African-Middle Eastern Theater of Operations from 10 December 1944 to 24 May 1945, with Company E, 274th Infantry Regiment, 70th Infantry Division [a Regimental Structure Chart for World War II shows Company E was a part of the 2nd Battalion].

4.  The FSM was wounded in action on 4 March 1945 and hospitalized on 5 March 1945.  

5.  The FSM was honorably discharged from active duty in the rank of private first class, on 22 July 1946, and issued a Certificate of Disability for Discharge.

6.  Entries on the FSM's WD AGO Form 53-55, Item 31 (Military Qualification and Date), lists the following awards:  the Marksman Marksmanship Qualification Badge with Rifle Bar and the Combat Infantryman Badge.  Item 32 (Battles and Campaigns) list the following:  Rhineland.  Item 33 (Decorations and Citations) lists the following awards:  the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, the Purple Heart, and the American Campaign Medal.  Item 55 (Remarks) lists the Honorable Service Lapel Button World War II.

7.  The applicant submits a DD Form 1577, dated 31 January 2002, wherein a Member of Congress advised the FSM he was entitled to and issued the following awards:  the Bronze Star Medal, the Purple Heart, the Good Conduct Medal, the Presidential Unit Citation, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, the Army of Occupation Medal with Germany Clap, the Honorable Service Lapel Button World War II, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  The applicant also submits an information paper titled 70th Infantry Division Association with a subtitle of Division History and a list of campaign credits for the 274th Infantry Regiment, 70th Infantry Division, pertaining to participation in the Ardennes-Alsace, Rhineland, and Central Europe campaigns.  The campaign credit chart shows that 70th Infantry Division members were authorized a bronze service star for the Ardennes-Alsace campaign from 16 December 1944 to 
25 January 1945, the Rhineland campaign from 15 September 1944 to 21 March 1945, and the Central Europe campaign from 22 March to 22 May 1945. 

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the applicant's unit, the 274th Infantry Regiment, 70th Infantry Division was authorized campaign credit for Ardennes-Alsace from (16 December 1944 to 25 January 1945), Central Europe (22 March to 11 May 1945), and Rhineland (15 September 1944 to
21 March 1945.  The applicant was present for duty and participated during the Ardennes-Alsace and Rhineland campaigns.

10.  Department of the Army Pamphlet 672-1 also shows the applicant's unit was cited for award of the Presidential Unit Citation, formerly known as the Distinguished Unit Citation, for the period 5 to 7 January 1945, by War Department General Orders Number 28, dated 1945.

11.  Army Regulation 600-8-22 (Military Awards), in effect at the time, provided in pertinent part, that the Bronze Star Medal was awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal was 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 Combat Infantryman Badge or the Combat Medical Badge was considered to be a citation in orders.  This meant, in effect, the Bronze Star Medal was to be awarded to individuals who were authorized either badge for service during World War II.

12.  Army Regulation 600-8-22 authorizes wear of a bronze service star on the appropriate service/campaign medal, to include the European-African-Middle Eastern Campaign Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the FSM was a member of the 274th Infantry Regiment, 70th Infantry Division, and participated with the unit when it was authorized campaign credit for the Ardennes-Alsace and Rhineland campaigns during World War II.  Therefore, the FSM is also entitled to correction of his WD AGO Form 53-55, Item 32, to show the Ardennes-Alsace campaign in addition to the Rhineland campaign which is already shown on his WD AGO Form 53-55.  

2.  The FSM is also entitled to two bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal and correction of his WD AGO Form 53-55 to show these bronze service stars.

3.  General orders confirm the FSM is entitled to the Presidential Unit Citation.  The FSM is entitled to have this unit award added to his WD AGO Form 53-55.

4.  The evidence further shows the FSM was awarded the Combat Infantryman Badge.  Therefore, the FSM is eligible for award of the Bronze Star Medal based on award of the Combat Infantryman Badge for his service during World War II and correction of his WD AGO Form 53-55 to show this award.

5.  In view of the foregoing, the applicant’s records should be corrected 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 FSM be corrected by:

	a.  adding to Item 32 of his WD AGO Form 53-55 the Ardennes-Alsace campaign;

	b.  awarding the FSM two bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal, the Presidential Unit Citation, and adding these awards to the FSM's WD AGO Form 53-55; and

	c.  providing the applicant a document that shows these corrections.




      _______ _   _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)                                         AR20090007400



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090007400



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1