IN THE CASE OF:	  

		BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090018933 


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 all of the awards to which he is entitled.

2.  The applicant states in the haste to discharge the many Veterans returning from overseas at the end of World War II, some decorations he was qualified to receive were omitted from his WD AGO Form 53-55.  He questions if he is entitled to the following awards:

* World War II Victory Medal
* American Campaign Medal with one bronze service star
* An additional bronze service star on the European-African-Middle Eastern (EAME) Campaign Medal

3.  He further states the "Marksman Badge - Carbine" is also not listed on his WD AGO Form 53-55, and that there are other eligible awards that were approved after his separation that he is not aware of, such as unit commendations.

4.  The applicant provides a copy of his WD AGO Form 53-55.

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 requests that the "Marksman Badge - Carbine" be added to his WD AGO Form 53-55.  Item 31 (Military Qualification and Date (i.e., infantry, aviation, and marksmanship badges, etc.)) of his WD AGO Form 53-55 shows the entry "Carbine - Marksman) which indicates award of the Marksman Marksmanship Qualification Badge with Carbine Bar.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  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.  This case is being considered using his WD AGO Form 53-55.

4.  The applicant was inducted into the Army of the United States and entered active service on 10 February 1941.

5.  He was honorably discharged on 16 September 1945 for the convenience of the government due to demobilization.

6.  The applicant's WD AGO Form 53-55 shows he was assigned to Company B, 1st Signal Battalion.  It also shows his service outside the continental United States as North Atlantic Theater of Operations from 18 November 1942 to
17 July 1943 and the European Theater of Operations from 18 July 1943 to his return to the United States on 13 September 1945.

7.  Item 32 of his WD AGO Form 53-55 shows he participated in the following campaigns:

* Tunisia
* Sicily
* 
Rome-Arno
* Rhineland
* Southern France
* Central Europe

8.  Item 33 (Decorations and Awards) of his WD AGO Form 53-55 shows he was awarded the:

* EAME with six bronze service stars
* American Defense Service Medal
* Army Good Conduct Medal

9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.  One bronze service star is authorized for wear on the American Campaign Medal to denote participation in the antisubmarine campaign. The individual must have been assigned or attached to, and present for duty with, a unit credited with the campaign.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citations emblems, and occupation duty credit for World War II and for the Korean War.  This pamphlet shows the 1st Signal Battalion was:

* cited for award of the Meritorious Unit Commendation from 15 August 1944 - 16 April 1945 by General Orders 389, Headquarters, 7th Army, dated 10 August 1945
* 
authorized campaign credit to include the Ardennes-Alsace campaign, but not the Sicily campaign
* awarded occupation credit for occupation in Germany from 2 May - 
   30 September 1945

12.  Army Regulation 600-8-22 states, in pertinent part, that one bronze service star will be worn on the EAME for participation in each designated campaign phase.  A silver service star will be worn instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows he was awarded the EAME with six bronze service stars.  His WD AGO Form 53-55 omitted the Ardennes-Alsace campaign to the list of authorized campaigns in item 32; however, his WD AGO Form 53-55 also includes Sicily in the list of battles and campaigns, which his unit is not shown to have received campaign credit.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to add the Ardennes-Alsace campaign and to delete the Sicily campaign to the list of campaigns.  His WD AGO Form 53-55 should also be corrected to show award of the EAME with one silver service star and one bronze service stars instead of the EAME with six bronze service stars.

2.  He is also entitled to the World War II Victory Medal, Army of Occupation Medal with Germany Clasp, and the Meritorious Unit Commendation.  Therefore, his WD AGO Form 53-55 should be corrected to show these awards.

3.  Regarding the American Campaign Medal, the applicant does not meet the minimum qualifying period for award this medal.  His aggregate service in the continental United States only equaled 10 months and 29 day, less than the required one year.  Therefore, he is not entitled to this award.

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.  adding to item 32 of his WD AGO Form 53-55 the Ardennes-Alsace campaign;
   
   b.  deleting from item 32 of his WD AGO Form 53-55 the Sicily campaign;

   c.  deleting from item 33 of his WD AGO Form 53-55 the EAME with
6 bronze service stars and adding the EAME with one silver service star and one bronze service star; and

   d.  adding to item 33 of his WD AGO Form 53-55 the following awards:

* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Meritorious Unit Commendation

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 American Campaign Medal with one bronze service star to his WD AGO Form 53-55
* adding an additional service star to his already-awarded European-African-Middle Eastern Campaign Medal [with six 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)                                         AR20090018933



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ABCMR Record of Proceedings (cont)                                         AR20090018933



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