IN THE CASE OF:	 

		BOARD DATE:	  04 March 2010

		DOCKET NUMBER:  AR20090016433 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation) for the period ending 22 October 1945 to show award of the Army of Occupation Medal with Germany Clasp and all other awards to which he may be entitled.  In addition, the applicant requests a copy of the citation for the Distinguished Unit Citation (currently known as the Presidential Unit Citation) for the 4th Armored Division.

2.  The applicant states, in effect, that the above award was omitted from his WD AGO Form 53-55.

3.  He provides his WD AGO Form 53-55 and an Army of the United States Honorable Discharge Certificate, dated 22 October 1945.

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 applicant's records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55 and an Army of the United States Honorable Discharge Certificate.    

3.  The applicant's WD AGO Form 53-55 for the period ending 22 October 
1945 shows he was inducted on 26 February 1943 and entered active service on 5 March 1943.  He arrived in the European Theater of Operations (ETO) and was assigned to 4th Armored Division on 10 January 1944.  On 27 April 1945, he was wounded in combat (Germany).  Prior to the applicant's departure from the     ETO he was assigned to the 16th Armored Division.  He departed the ETO on     6 October 1945.

4.  On 22 October 1945, the applicant was honorably discharged.

5.  Item 31 of his WD AGO Form 53-55 shows he was awarded the Expert Marksmanship Qualification Badge (Thompson Sub-Machine Gun) in December 1943.  Item 33 (Decorations and Citations) shows he was awarded the Purple Heart, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, and the Distinguished Unit Badge [the Distinguished Unit Citation].  Item 32 (Battles and Campaigns) shows he participated in the Ardennes, Rhineland, Central Europe, Normandy, and the Northern France campaigns.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II.  This document shows 
the 4th Armored Division was awarded the Army of Occupation Medal with Germany Clasp for the period 2 May through 4 June 1945.

7.  Department of the Army Pamphlet 672-1 shows that the 4th Armored Division was cited once for the Citation in the French Croix de Guerre for the periods 
27 July through 11 August 1944 and 12 September through 29 September 1944, by Headquarters, Department of the Army, General Orders Number 43, dated 1950.  

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.

9.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO 
Form 53-55.  This regulation states a silver service star is authorized in lieu of five bronze service stars.

10.  War Department General Orders Number 54 dated 12 July 1945 shows that the 4th Armored Division was cited for the Distinguished Unit Citation.  A copy of the orders will be forwarded to the applicant for his record.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was assigned to the 4th Armored Division during a period of time the unit was awarded the Army of Occupation Medal with Germany Clasp and the French Croix de Guerre.  He was also credited with participation in five campaigns.  Therefore, he is authorized one silver service star to be affixed to his already awarded European-African-Middle Eastern Campaign Medal.  Therefore, the FSM's WD AGO Form 53-55 should be amended to reflect these awards.

2.  The applicant is eligible for award of the World War II Victory Medal.  His WD AGO Form 53-55 should be amended to add this award.  In addition, a copy of War Department General Orders Number 54, dated 12 July 1945, awarding the 4th Armored Division the Distinguish Unit Citation should be forwarded to the applicant.

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 adding to his WD AGO Form 53-55 the Army of Occupation Medal with Germany Clasp, the French Croix de Guerre, and one silver service star to be worn on his already-awarded European-African-Middle Eastern Campaign 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)                                         AR20090016433



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090016433



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1