IN THE CASE OF:
BOARD DATE: 14 October 2009
DOCKET NUMBER: AR20090008651
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, correction of item 32 (Battles and Campaigns) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the Ardennes-Alsace campaign. He also requests a third bronze service star to be affixed to his European-African-Middle-Eastern (EAME) Campaign Medal.
2. The applicant states that he participated in the Ardennes-Alsace campaign during World War II and that General G_____ C. M_______ approved the campaign recognition after he was discharged. He contends that he fought in Alsace and Lorraine during the period October 1944 to February 1945, then proceeded through Germany to the Brenner Pass on the Austrian-Italian border.
3. The applicant provides a copy of his WD AGO Form 53-55; documentation pertaining to the Ardennes-Alsace campaign and the 83rd Chemical Mortar Battalion; and a letter, dated 22 April 2009, from a Member of Congress 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 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 applicants 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 applicants 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.
3. The applicant was inducted into the Army of the United States on 3 January 1944 and he entered active service on 24 January 1944. He served in the European Theater of Operations from 22 August 1944 until approximately 7 May 1946. He was honorably discharged on 13 May 1946.
4. Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows he was assigned to Company B, 83rd Chemical Mortar Battalion. Item 32 on his WD AGO Form 53-55 shows he participated in two campaigns (Rhineland and Central Europe). Item 33 (Decorations and Citations) on his WD AGO Form
53-55 shows the World War II Victory Medal, Army Good Conduct Medal, EAME Campaign Medal with two bronze service stars, and three awards of the Overseas Service Bar as authorized awards.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows, among other information, unit awards and citations authorized for units which served during World War II. This document shows the 83rd Chemical Battalion participated in the Ardennes-Alsace campaign during World War II.
6. Department of the Army Pamphlet 672-1 shows the applicants unit received occupation credit for Germany for the period 2 May 1945 to 27 December 1945.
7. Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.
8. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the EAME Campaign Medal must have been awarded prior to 9 May 1945.
DISCUSSION AND CONCLUSIONS:
1. The entry in the Department of the Army Pamphlet 672-1 which shows the applicant's unit participated in the Ardennes-Alsace campaign during World War II is accepted as sufficient evidence on which to amend item 32 on the applicant's WD AGO Form 53-55 to show he participated in the Ardennes-Alsace campaign. In addition, he is entitled to a third bronze service star to be affixed to his EAME Campaign Medal.
2. The applicant's unit received occupation credit for Germany which entitles him to award of the Army of Occupation Medal with Germany Clasp.
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. deleting from item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal with two bronze service stars;
b. adding to item 32 of his WD AGO Form 53-55 the entry "Ardennes-Alsace"; and
c. adding to item 33 of his WD AGO Form 53-55 the Army of Occupation Medal with Germany Clasp and the European-African-Middle Eastern Campaign Medal with three bronze service stars.
__________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) AR20090008651
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