BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019365 


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, as the widow of a former service member (FSM), requests the following corrections on the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge):

* Item 32 (Battles and Campaigns) to show the Ardennes-Alsace campaign 
* Item 33 (Decorations and Citations) to show five bronze service stars and 
the Korean Service Medal with one bronze service star

2.  The applicant states item 32 of the WD AGO Form 53-55 should reflect 
“5 battle stars” to include the Ardennes-Alsace campaign.  

3.  The applicant provides the following documents in support of her application:

* Death Certificate
* Record of the 250th Field Artillery Battalion 
* WD AGO Form 53-55
* DD Form 214 (Report of Separation from the Armed Forces of the United 
States

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.  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 FSM’s WD AGO Form 53-55 shows he was inducted into the Army of the United States on 12 January 1943 and he entered active service on 19 January 1943.  

4.  His WD AGO Form 53-55 shows he arrived in the European Theater of Operations 23 February 1944 and departed on an unknown date.  He returned to the continental United States on 12 August 1945.  

5.  Item 6 (Organization) on his WD AGO Form 53-55 shows he was assigned to Headquarters Battery, 250th Field Artillery Battalion.  

6.  The FSM was discharged on 11 October 1945.  

7.  Item 32 on his WD AGO Form 53-55 shows he received credit for participation in the following campaigns during World War II:

* Normandy
* Rhineland
* Northern France
* Central Europe

8.  His WD AGO Form 53-55 shows he was awarded the Good Conduct Medal and the European-African-Middle Eastern Campaign Medal with four bronze service stars.  

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows unit awards, citations, and campaigns authorized for units which served during World War II.  This pamphlet shows the 250th Field Artillery Battalion was cited for the following campaigns:

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

10.  The FSM served on active duty from 23 September 1950 to 31 July 1951.  He served in Korea and completed 4 months and 5 days of foreign service.  His DD Form 214 shows the Korean Service Medal with one bronze service star as an authorized award.

11.  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 and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  A silver service star is authorized in lieu of five bronze service stars.

12.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

13.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal (UNSM).  The regulation states the period of eligibility for the UNSM was between 27 June 1950 and 27 July 1954.  It provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the UNSM.

14.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

15.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

16.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The FSM’s WD AGO Form 53-55 shows he was assigned to Headquarters Battery, 250th Field Artillery Battalion prior to being discharged.  Department of the Army Pamphlet 672-1 shows this unit was cited for campaign credit in Ardennes-Alsace, Central Europe, Normandy, Northern France, and Rhineland.  

2.  The FSM’s WD AGO Form 53-55 shows four of the five campaigns listed in the Department of the Army Pamphlet 672-1; however, it does not include the Ardennes-Alsace campaign in item 32.  Therefore, it would be appropriate to amend item 32 on his WD AGO Form 53-55 to show the Ardennes-Alsace campaign.  

3.  The FSM’s WD AGO Form 53-55 reflects the European-African-Middle Eastern Campaign Medal with four bronze service stars.  Based on the correction in paragraph 2, above, it would be appropriate to show one silver service star for wear on his European-African-Middle Eastern Campaign Medal.  

4.  The FSM served a period of qualifying service for award of the World War II Victory Medal.  Therefore, this award should be added to his WD AGO Form 
53-55.  

5.  The FSM served on active duty from 23 September 1950 to 31 July 1951 and was awarded the Korean Service Medal with one bronze service star during this period.  Since the FSM received this award during the period he served in Korea, it is properly recorded on his DD Form 214.  There is no basis for adding this award to his WD AGO Form 53-55.  

6.  The applicant served a period of qualifying service in Korea and was awarded the Korean Service Medal with one bronze service star.  Therefore, he is eligible for award of the UNSM and the ROKWSM and correction of his DD Form 214 to show these awards.

7.  The FSM served a period of qualifying service for award of the National Defense Service 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:

	a.  adding the Ardennes-Alsace campaign to item 32 on his WD AGO Form 53-55,

	b.  adding one silver service star (in lieu of the four bronze service stars now shown) for wear on his European-African-Middle Eastern Campaign Medal and the World War II Victory Medal to item 33 on his WD AGO Form 53-55, and

	c.  adding the UNSM, ROKWSM, and the National Defense Service Medal to his DD Form 214.

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 Korean Service Medal with one bronze service star 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)                                         AR20090019365





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090019365



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1