IN THE CASE OF:	  

		BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090019003 


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:

	a.  correction of his National Archives (NA) Form 13038 (Certification of Military Service) to show his correct name, date of enlistment in the Reserve Corps, date of discharge, last rank, active service dates, place of birth, and the wording with regard to his order to active duty;

	b.  correction to a photograph taken by the U.S. Army Signal Corps in Remagen, Germany, during World War II (WWII) and housed at the National Archives in College Park, MD; 

	c.  award of the Army Commendation Medal; and

	d.  award of combat-related badges and medals such as the Bronze Star Medal to Army Combat Engineers.

2.  The applicant states the following:

	a.  There are numerous errors/omissions in his military record as reported on the NA Form 13038 that he received from the National Personnel Records Center in 2004 and that he has been trying to correct those records for quite some time.

	b.  The Soldiers identified in a photograph taken by the U.S. Army Signal Corps, Remagen, Germany, in WWII and housed at the National Archives on College Park, MD, should be corrected to show those Soldiers as "engineers" instead of "infantry" Soldiers.

	c.  He was recommended for award of the Army Commendation Medal for his work as construction foreman on the 56th Quartermaster Supply Depot in Giessen, Germany, in 1945.  When he was boarding a ship to return home after the war, a lieutenant showed him a Bronze Star and told him that it would catch up with him.  When he later saw the Recommendation for Award of the Army Commendation Ribbon in his file at the Separation Center, Fort Bragg, NC, he assumed the lieutenant had been mistaken about the Bronze Star Medal and meant the Commendation Ribbon instead, but he never received it and it was not among the replacement medals he received from the NPRC in 2004.

	d.  To his knowledge, Army combat engineers, as a group, are still ineligible to receive combat-related badges and medals, such as the Bronze Star Medal.  Eligibility has now been extended to include infantry, medics, military police, and other members, but not combat engineers, who have the word "combat" in their name and are trained and equipped like infantry as well as being involved in combat situations.

	e.  It appears that most of his personnel file from 10 years of Enlisted Reserve Corps (ERC), including 3 years of active duty in the European-African-Middle Eastern (EAME) theater during WWII is missing.  He would like to leave an accurate and complete record for posterity.

3.  The applicant provides a copy of his NA Form 13038, dated 16 September 2004; an extract of an Archival Database of Reserve Corps records; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 6 June 1946; a copy of his WD AGO Form 100 (Separation Qualification Record), dated 6 June 1946; copies of his Honorable Discharge Certificates, dated 6 June 1946, 9 March 1949, and 19 October 1952; a copy of the photograph taken by the U.S. Army Signal Corps, Remagen, Germany in WWII; a copy of a Recommendation for Award of the Army Commendation Ribbon, dated 16 March 1946; a copy of what appears to be a roster of personnel, a letter, and Red Cross map of London; an internet printout of the criteria for award of the Bronze Star Medal; a self-authored chronology of his time in service; a digital video disc (DVD) of a scrapbook; and two DVDs of a recorded interview of his memoirs during WWII in support of his request.

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.  The applicant's issues pertaining to correction of his NA Form 13038 to show his correct name, date of enlistment in the Reserve Corps, date of discharge, last rank, active service dates, place of birth, and the wording with regard to his order to active duty, is not within the purview of this Board as it is not a military record.  The ABCMR’s jurisdiction under Title 10, U.S. Code, section 1552, extends to any military record of the Department of the Army.  It is the nature of the record and the status of the applicant that define the ABCMR’s jurisdiction.  Corrections to the NA Form 13038 should thus be addressed to the appropriate agency that issued it (National Archives and Records Administration).  Therefore, these issues will not be discussed further in this Record of Proceedings.

4.  The applicant's issue regarding the Soldiers identified in a photograph taken by the U.S. Army Signal Corps, Remagen, Germany, in WWII and housed at the National Archives on College Park, MD, to show those Soldiers as "engineers" instead of "infantry" Soldiers is not within the purview of this Board.  Corrections to this picture should be addressed to the Director, Army Multimedia and Visual Information Directorate, 100 Army Pentagon, Room MG652A, Washington, DC  20310.  Therefore, this issue will not be discussed further in this Record of Proceedings.

5.  In regard to the applicant's issue regarding eligibility of Army combat engineers, as a group, to receive combat-related badges and medals, such as the Bronze Star Medal, Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records.  Paragraph 2-2 of this regulation states that the ABCMR considers individual applications that are properly brought before it.  There is no provision of the regulation for one individual to recommend a group of individuals for a personal decoration such as the Bronze Star Medal.  Therefore, the issue of Army combat engineers, as a group, to receive combat-related badges and medals, such as the Bronze Star Medal, will not be discussed further in the Record of Proceedings.

6.  The applicant’s WD AGO Form 53-55 shows he enlisted in the ERC on 1 September 1942 and entered active duty in Clemson, SC, on 30 June 1943.  This form also shows that at the time of his separation the applicant held military occupational specialty 059 (Construction Foreman) and was assigned to Company A, 1265th Engineer Battalion.

7.  The applicant’s WD AGO Form 53-55 shows he departed the United States on 15 November 1944 and arrived in the European theater of operations (ETO) on 27 November 1944.  He departed the ETO on 23 May 1946 and arrived back in the United States on 2 June 1946.  He completed 1 year, 4 months, and 19 days of continental service and 1 year, 6 months, and 18 days of foreign service.  He was honorably separated on 6 June 1946.

8.  Item 31 (Military Qualifications and Date) of the applicant’s WD AGO 
Form 53-55 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

9.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Rhineland and Central Europe campaigns during his service in WWII)

10.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 shows he was awarded the WWII Victory Medal, the American Theater Service Medal, the Army of Occupation Medal with "Germany" Clasp, the European-African-Middle Eastern Campaign Medal with two bronze service stars, and the Good Conduct Medal.  Item 33 does not show award of the Army Commendation Medal.

11.  The applicant submitted a copy of a Recommendation for Award of the Army Commendation Ribbon, dated 16 March 1946, initiated by a captain of the 1255th Engineer Combat Battalion and addressed through command channels to the Commanding General, U.S. Forces European Theater (Main).  The recommendation recognizes the applicant while serving as a squad leader, 1265th Engineer Combat Battalion, from 8 May 1945 to 8 November 1945 when he led his men and assisted in the construction of the 56th Quartermaster Supply Depot in Giessen, Germany.  He not only directed his men, but also directed the work of 150 enemy prisoners of war.  He displayed the skill and knowledge of an officer and a civil engineer.  Without his presence and help, the job would not have been completed on time.

12.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  Paragraph 1-23 provides that awards of certain decorations as authorized in this regulation or later will be made on the basis of existing letters, citations, and/or orders.  The decorations which may be awarded under this provision are:  the Purple Heart and the Silver Star to qualifying service members who served during World War I; the Bronze Star Medal to individual members of the Armed Forces who were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945 or whose meritorious achievement was confirmed by documents executed prior to 1 July 1947; and the Army Commendation Medal to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation signed by an officer in the grade or position of major general or higher.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

	c.  The Army Commendation Medal is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  Award may be made to a member of the Armed Forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service which has been of mutual benefit to a friendly nation and the United States.  Awards of the Army Commendation Medal may be made for acts of valor performed under circumstances described above which are of lesser degree than required for award of the Bronze Star Medal.  These acts may involve aerial flight.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was recommended for award of the Army Commendation Medal for meritorious service while serving as a squad leader, 1265th Engineer Combat Battalion, from 8 May 1945 to 8 November 1945 when he led his men and assisted in the construction of the 1256th Quartermaster Supply Depot in Giessen, Germany.  He not only directed his men, but also directed the work of 150 enemy prisoners of war.  He displayed the skill and knowledge of an officer and a civil engineer.  Without his presence and help, the job would not have been completed on time.

2.  The applicant's actions during WWII meet the criteria for award of the Army Commendation Medal.  It is therefore reasonable to presume that had this recommendation been processed, the applicant would have been awarded the Army Commendation Medal.  Therefore, in the interest of equity and justice, the applicant should be awarded the Army Commendation Medal and should have his records corrected to show this award.

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 awarding the applicant the Army Commendation Medal and adding this award to his 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)                                         AR20090019003



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ABCMR Record of Proceedings (cont)                                         AR20090019003



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