IN THE CASE OF:	

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090014429 


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 three bronze service stars on his European-African-Middle Eastern (EAME) Campaign Medal in recognition of his participation in three named campaigns during World War II.

2.  The applicant states, in effect, he completed three campaigns, Hurtgen Forest, Rhineland, and Central Europe, during his tour of service.  He further states he wishes to have his military service/campaigns acknowledged.

3.  The applicant provides a copy of his WD AGO Form 53-55 as documentary evidence in support of this 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 record is 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 applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55 and the WD AGO Form 100 (Separation Qualification Record) provided by the National Personnel Records Center.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 15 August 1944 in the U.S Territory of Hawaii.  His military occupational specialty was 745 (Rifleman).  The form also shows that he was assigned to Company C, 311th Infantry Regiment and that he served in the EAME Theater of Operations from 30 January 1945 until his return to the continental United States (CONUS) on 4 December 1945.  He also served in the Asiatic-Pacific Theater of Operations (APT) during the period 8 March 1946 until his separation on 24 July 1946.  The applicant held the rank/grade of private first class (PFC)/E-3 on the date of his separation and this was the highest rank he attained while serving on active duty.  The applicant was honorably discharged on 24 July 1946 after completing a total of 1 year, 11 months, and 10 days of active military service.

4.  Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge and Marksman Marksmanship Qualification Badge with Rifle Bar [M1].

5.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows that he participated in the Rhineland and Central Europe campaigns of World War II.

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows that he was awarded or authorized the EAME Service Medal, World War II Victory Medal, Army Good Conduct Medal, Asiatic-Pacific Service Medal, and the Army of Occupation Medal.

7.  A search of the database maintained by the U.S. Army Center of Military History revealed the numerous battles which occurred in the Hurtgen Forest region were 
considered part of the Ardennes-Alsace Campaign (16 December 1944 through 25 January 1945) and the Rhineland Campaign (15 September 1944 through 21 March 1945).

8.  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.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the EAME Campaign Medal.

9.  Evidence shows the applicant participated in two campaigns during his World War II service in the EAMETO.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is 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 is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 600-8-22 states the European-African-Middle Eastern Campaign Medal is awarded for service within the European-African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

12.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This document shows that at the time of the applicant's assignment to the 311th Infantry Regiment, the unit was cited for award of the Distinguished Unit Citation (currently known as the Presidential Unit Citation) during the period 30 January 1945 - 7 February 1945 by War Department General Orders Number 30, dated 1946.  
This document also shows his unit was credited with the occupation of Germany during the period 20 May - 31 October 1945.

13.  Army Regulation 600-8-22 further states that 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 European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his WD AGO Form 53-55 should be corrected to show award of three bronze service stars in recognition of his participation in three named campaigns during World War II was carefully considered.

2.  Records show that the applicant was awarded the EAME Campaign Medal.  Records also show that he participated in two campaigns during his service in the European African-Middle Eastern Theater.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded EAME Campaign Medal.

3.  By regulation, the Bronze Star Medal is authorized to members who received the Combat Infantryman Badge during World War II.  The evidence shows that the applicant was awarded and issued the Combat Infantryman Badge.  As a result, it would be appropriate to award the Bronze Star Medal to the applicant at this time.

4.  General orders awarded the applicant's unit the Distinguished Unit Citation; i.e. the Presidential Unit Citation during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

5.  Records show he was awarded the Army of Occupation Medal.  Records also show his unit was credited with the occupation of Germany.  Therefore, he is entitled to the Germany clasp for wear on his already-awarded Army of Occupation Medal.









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:

	a.  awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge,

	b.  deleting from item 33 of his WD AGO 53-55 the European-African-Middle Eastern Campaign Medal and the Army of Occupation Medal, and

	c.  adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, Army of Occupation Medal with Germany Clasp, and the Presidential Unit Citation.

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 award of 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)                                         AR20090014429



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ABCMR Record of Proceedings (cont)                                         AR20090014429



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