BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090016994 


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 record to show award of the Distinguished Unit Citation [known as the Presidential Unit Citation effective 4 November 1966] and a battle star [currently the bronze service star].

2.  The applicant states he is entitled to award of the Presidential Unit Citation and a bronze service star for being at Utah Beach in Normandy.

3.  The applicant provides no additional documents 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 (NPRC) 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 a copy of the applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) which was obtained from the NPRC.

3.  The applicant's WD AGO Form 53-55 shows the applicant:

* inducted into the Army of the United States on 29 September 1942
* assigned to the 459th Engineer Depot
* honorably discharged on 25 October 1945
* completed 3 years and 3 days of active military service

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows following:

* Normandy
* Northern France
* Rhineland
* Ardennes
* Central Europe

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the Army Good Conduct Medal and the European-African-Middle Eastern Campaign Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on 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 European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation 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 Presidential Unit Citation to an individual.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to establish eligibility of individual members for campaign participation credit, assault landing credit, unit citations, and occupation duty credit for World War II (WWII).  This publication shows the unit to which the applicant was assigned was awarded occupation credit for Germany during the applicant's tenure.  However, it does not show that the unit to which the applicant was assigned was awarded the Presidential Unit Citation.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars to be worn on the appropriate campaign medal.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the WWII Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal and participated in five campaigns to include Normandy.  Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show he was awarded the European-African-Middle Eastern Campaign Medal with one silver service star.

2.  The evidence shows the applicant completed a period of qualifying service for award of the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to award of this medal and correction of his WD AGO Form 53-55 to show this medal

3.  Department of the Army Pamphlet 672-1 does not show the unit to which the applicant was assigned was awarded the Presidential Unit Citation.  Therefore, the applicant is not entitled to correction of his WD AGO Form 53-55 to show this award.

4.  The available records show the applicant served a qualifying period of service for award of the WWII Victory Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this 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 amending his WD AGO Form 53-55 by:

* deleting the European-African-Middle Eastern Campaign
* adding the European-African-Middle Eastern Campaign Medal with one silver service star
* adding the Army of Occupation Medal with Germany Clasp
* adding the WWII Victory 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 award of the Presidential Unit Citation.



      ___________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)                                         AR20090016994



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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