IN THE CASE OF:	  

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090016480 


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, the daughter of a former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Bronze Star Medal, Army of Occupation Medal with Germany Clasp, and Distinguished Unit Citation (Presidential Unit Citation).

2.  The applicant states the FSM is authorized the Bronze Star Medal based on his award of the Combat Infantryman Badge.  She states he served in an occupation status in Germany from May to December 1945.  She also states he served with the 94th Infantry Division which was awarded the Distinguished Unit Citation (renamed the Presidential Unit Citation).

3.  The applicant provides the FSM's death certificate, copies of National Archives and Records Administration Forms 13075 (Questionnaire About Military Service) from the National Personnel Records Center, the FSM's WD AGO Form 53-55, and four extracts from the Internet.

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 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.  The following information was derived from documents furnished by the applicant and obtained through other sources available to the ABCMR.

3.  The FSM's available military records show he was inducted into the Army of the United States on 27 August 1942 and entered active duty on 10 September 1942.  He was awarded military occupational specialty 345 (light truck driver) and was promoted to corporal/pay grade E-4.

4.  On 8 January 1946, the FSM was discharged after completing 3 years, 3 months, and 29 days of active service.

5.  The FSM's WD AGO Form 53-55 shows his organization as Headquarters Company, 2nd Battalion, 301st Infantry Regiment, 94th Infantry Division.  This document shows he served in the European theater of operations (ETO) from 24 February 1945 to an unknown date (likely in December 1945).  He arrived in the United States on 3 January 1946.

6.  The FSM's available records do not contain orders or a recommendation for award of the Bronze Star Medal.

7.  Item 31 (Military Qualification and Date) of the FSM's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge.

8.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he participated in the Central Europe and Rhineland campaigns during his ETO service.

9.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal with two bronze service stars, American Theater Ribbon, Army Good Conduct Medal, and World War II Victory Medal.  It does not show award of the Bronze Star Medal, the Army of Occupation Medal, or the Distinguished Unit Citation.


10.  The FSM died on 1 March 1978.

11.  Army Regulation 600-8-22 (Military Awards) provides 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 is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized this badge for service during World War II.

12.  Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  It also 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.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows World War II units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal.  This pamphlet shows the 301st Infantry Regiment, 94th Infantry Division, received Germany occupation credit for the period 2 May 1945 through 14 August 1945.

14. Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

15.  Department of the Army Pamphlet 672-1 contains no entry indicating either the 301st Infantry Regiment or the 94th Infantry Division was awarded the Distinguished Unit Citation.

16.  A U.S. Army Center of Military History website shows the 94th Infantry Division was cited for the Distinguished Unit Citation.  In the processing of the case, the Board staff contacted the Center for Military History to determine whether the FSM's unit was among those units in the 94th Infantry Division cited for the Distinguished Unit Citation.  The Center for Military History official indicated their records did not indicate any unit awards for that organization. 

17.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides in paragraph 24, that for item 6 of the WD AGO Form 53-55, "Enter the last unit or similar element to which he was assigned."

DISCUSSION AND CONCLUSIONS:

1.  Since the FSM was awarded the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal based on policies enacted subsequent to his separation.  Therefore, it would be appropriate to award him the Bronze Star Medal based on award of the Combat Infantryman Badge and correct his records to show this award.

2.  The evidence shows the FSM served in the European theater during the period when his unit was cited for occupation credit for Germany.  As such, the preponderance of evidence indicates it would be appropriate to add the Army of Occupation Medal with Germany Clasp to his WD AGO Form 53-55.

3.  Department of the Army Pamphlet 672-1 contains no entry indicating the FSM's unit was awarded the Distinguished Unit Citation.  Although the U.S. Army Center of Military History website shows the 94th Infantry Division was cited for the Distinguished Unit Citation, evidence indicates his particular unit did not receive this award.  As such, there is insufficient evidence to support adding this unit award to the FSM's WD AGO 53-55.

4.  In view of the foregoing, the applicant is entitled to have the FSM's records corrected as shown below.

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 FSM the Bronze Star Medal based on award of the Combat Infantryman Badge and

	b.  adding to item 33 of the FSM's WD AGO Form 53-55 the Bronze Star Medal and Army of Occupation Medal with Germany Clasp.

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 adding the Presidential Unit Citation (previously known as the Distinguished Unit Citation) to the FSM's WD AGO Form 53-55.




      ____________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)                                         AR20090016480



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ABCMR Record of Proceedings (cont)                                         AR20090016480



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