IN THE CASE OF:	

		BOARD DATE:	  04 May 2010

		DOCKET NUMBER:  AR20090018781 


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) to show an additional award of the bronze service star for wear on his European-African-Middle Eastern Campaign Medal, the Army of Occupation Medal with Germany Clasp, and an unspecified unit citation. 

2.  The applicant states:

* a lieutenant sent in for the battle star (correctly known as the bronze service star) for participation in the Belgium breakthrough (correctly known as the Ardennes campaign) for the 108th Evacuation Hospital but he did not receive it
* the 108th Evacuation Hospital is entitled to the Army of Occupation Medal with Germany Clasp
* the 56th Field Hospital is entitled to an unspecified unit citation and the unit demanded they wear this unit citation on their blouses
* they made up a new outfit, the 108th Semimobile Evacuation Hospital
* when the married men were sent home at the end of the war the 108th was broken up and the single men replaced the married men in other organizations
* he was sent to the 56th Field Hospital
* he came home with an engineer outfit   

3.  The applicant provides a copy of his WD AGO Form 53-55 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 applicant’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.  A DD Form 215 (Correction to WD AGO Form 53-55), dated 30 October 2003, amended the applicant's WD AGO Form 53-55 to add the Army of Occupation Medal with Germany Clasp.  Therefore, this portion of the applicant's request will not be discussed further in these proceedings.  A copy of the DD Form 215 will be provided to the applicant.      

4.  The applicant was inducted into the Army of the United States on 6 July 1943 and entered active duty on 27 July 1943.  He served in the European Theater of Operations from 19 May 1944 through 29 January 1946 and was honorably discharged on 17 February 1946.

5.  Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows he was assigned to the 108th Evacuation Hospital.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he participated in three campaigns (Northern France, Rhineland, and Central Europe).  Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows three awards of the Overseas Service Bar, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, and the World War II Victory Medal as authorized awards.        

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the 108th Evacuation Hospital participated in three campaigns (Northern France, Rhineland, and Central Europe) during World War II.  

7.  There is no evidence in the available records which shows the applicant was assigned to the 56th Field Hospital during World War II. 

8.  Department of the Army Pamphlet 672-1 shows the 56th Field Hospital was not cited for a unit citation during World War II.

9.  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.  The regulation states the Ardennes-Alsace campaign lasted from 16 December 1944 through 
25 January 1945.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to an additional bronze service star for participation in the Ardennes-Alsace campaign.  However, the Department of the Army Pamphlet 672-1 does not show the applicant's unit (108th Evacuation Hospital) participated in the Ardennes-Alsace campaign during World War II.  Therefore, there is insufficient evidence on which to base an additional award of the bronze service star.

2.  The applicant contends he was assigned to the 56th Field Hospital during World War II and this unit was cited for a unit citation.  However, there is no evidence of record and the applicant provided no evidence to show he was assigned to the 56th Field Hospital.  In addition, the Department of the Army Pamphlet 672-1 shows the 56th Field Hospital was not cited for a unit citation during World War II.  Therefore, there is insufficient evidence on which to base a unit citation.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ____X___  ___X____  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20090018781





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ABCMR Record of Proceedings (cont)                                         AR20090018781



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