IN THE CASE OF:	

		BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20090010965 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the American Campaign Medal, Army of Occupation Medal with Germany Clasp, a bronze arrowhead for wear on the European-African-Middle Eastern Campaign Medal, and the Jubilee Medal issued by France in commemoration of the 30th anniversary of the D-Day invasion of Europe.

2.  The applicant states that his WD AGO Form 53-55 does not show these awards.

3.  The applicant provides copies of his WD AGO Form 53-55 and correspondence between himself and the National Personnel Records Center 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 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 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 FSM'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.

3.  According to the applicant's WD AGO Form 53-55:

	a.  On 18 September 1943, the applicant was inducted into the Army of the United States and entered active duty service on that same day.

	b.  On 11 March 1944, the applicant departed the United States for service in the European theater of operations (ETO).  He served in the ETO from 21 March 1944 to 10 December 1945 and arrived back in the United States on 23 December 1945.

   c.  His organization is listed as the 1128th Engineer Combat Group.

   d.  Awards listed on the WD AGO Form 53-55 are the European-African-Middle Eastern Service Medal (currently known as the European-African-Middle Eastern Campaign Medal), Army Good Conduct Medal, World War II Victory Medal, and the Croix de Guerre with Palm.

	e.  On 27 December 1945, the applicant was discharged in the rank of technician fifth grade.  He had completed 2 years, 3 months, and 10 days of creditable active duty service.

4.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II.  This publication shows that the 1128th Engineer Combat Group participated in five campaigns, the Ardennes-Alsace, Central Europe, Normandy, Northern France, and Rhineland, during the time of the applicant's assignment.  It also received occupation credit for Germany.  The pamphlet does not show that the unit was awarded assault credit.



5.  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, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, 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 1 year.

6.  Army Regulation 600-8-22 provides for the wear of a bronze service star on the European-African-Middle Eastern Campaign Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

7.  The Congressional Research Service for the Library of Congress reported the award of the French Jubilee of Liberty Medal to U.S. veterans by the French government to commemorate the 50th anniversary of the invasion of Normandy by the Allied forces on 6 June 1944 (D-Day).

8.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, part 578, lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 
670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 should be corrected to show award of the American Campaign Medal, Army of Occupation Medal with Germany Clasp, a bronze arrowhead for wear on the European-African-Middle Eastern Campaign Medal, and the Jubilee Medal issued by France in commemoration of the 30th anniversary of the D-Day invasion of Europe.

2.  The available evidence shows that the applicant's unit was the 1128th Engineer Combat Group.  This unit participated in five campaigns and 


received credit for the occupation of Germany.  However, the available evidence does not show that this unit received assault credit (i.e., signified by wear of a bronze arrowhead on the appropriate campaign medal) for the D-Day invasion of Normandy.  

3.  Accordingly, the Army should correct his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp and a silver service star for wear on his European-African-Middle Eastern Campaign Medal.

4.  The available evidence shows that the applicant served in the American theater from 18 September 1943 to 11 March 1944 and from 23 to 27 December 1945.  This totals 5 months and 28 days.  Award of the American Campaign Medal required a minimum of 12 months of service in the theater.  Therefore, the Board should deny the applicant's request for this medal.

5.  Governing regulations prohibit the entry of commemorative medals on discharge documents.  Therefore, the Board should deny the applicant's request to add the French Jubilee of Liberty Medal to his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards already shown on his WD AGO 
Form 53-55, his authorized awards include the Army of Occupation Medal with Germany Clasp and a silver service star for wear on his already-awarded European-African-Middle Eastern Campaign Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to the American Campaign Medal, a bronze arrowhead, and the French Jubilee Medal.



      ____________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)                                         AR20090010965



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ABCMR Record of Proceedings (cont)                                         AR20090010965



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