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ARMY | BCMR | CY2010 | 20100000144
Original file (20100000144.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	 8 July 2010 

		DOCKET NUMBER:  AR20100000144 


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 two additional bronze service stars and one bronze arrowhead to be affixed to the European-African-Middle Eastern (EAME) Campaign Medal.

2.  The applicant states, in effect, in addition to the Rome-Arno, Southern France, Rhineland, and Naples-Foggia campaigns shown in item 32 (Battles and Campaigns) of his WD AGO Form 53-55, he participated in the Anzio and Central Europe campaigns during World War II.  He also contends he participated in an amphibious assault landing for which he is entitled to the bronze arrowhead.

3.  The applicant provides:

* WD AGO Form 53-55
* authorization for battle participation credit and the bronze arrowhead

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 was inducted into the Army of the United States on 6 February 1942.  He served in the European theater of operations from 13 July 1942 until approximately 19 March 1945 and was honorably discharged on 13 May 1945.

4.  Item 32 on the applicant's WD AGO Form 53-55 shows he participated in the Rome-Arno, Southern France, German, and Naples-Foggia campaigns.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the Army Good Conduct Medal, five overseas service bars, and the EAME Campaign Medal with four bronze service stars as authorized awards.

5.  In support of his claim for the bronze arrowhead, the applicant provided a letter, dated 25 June 1945, from Headquarters, 6th Chemical Depot Company, which states he is entitled to the bronze arrowhead for participation in an amphibious assault landing on 22 January 1944 in Anzio, Italy.

6.  In support of his claim for additional bronze service stars, the applicant provided a letter, dated 16 July 1945, from the Army Service Forces, Sixth Service Command, Fort Sheridan, Illinois, which states he was authorized to wear one battle star (currently known as the bronze service star) for battle participation in the Anzio (Italy) campaign.

7.  The applicant provided a letter, dated 25 July 1945, from Headquarters, 6th Chemical Depot Company, which states he was awarded battle participation credit for the Rhineland and Central Europe campaigns.  This letter also points out General Orders Number 33, War  Department, dated 1 May 1945, redesignated the campaign "Germany" as "Rhineland."

8.  The applicant also provided a letter, dated 5 September 1945, from the Army Service Forces, Sixth Service Command, Fort Sheridan, Illinois, which states he 


was authorized to wear two battle stars for battle participation in the Rhineland and Central Europe campaigns.  Accordingly, it appears the applicant participated in a total of six campaigns (Rome-Arno, Southern France, Rhineland, Naples-Foggia, Anzio, and Central Europe) 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 or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation provides a silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 600-8-22 states the arrowhead will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows he participated in the Rome-Arno, Southern France, German, and Naples-Foggia campaigns and he was awarded the EAME Campaign Medal with four bronze service stars.

2.  However, evidence shows he also received battle participation credit for the Anzio, Rhineland (formerly known as "Germany" campaign), and Central Europe campaigns and he is entitled to the bronze arrowhead for participation in an amphibious assault landing on 22 January 1944 in Anzio, Italy.  Therefore, item 32 of his WD AGO Form 53-55 should be corrected by deleting the entry "German" and adding the Anzio, Rhineland, and Central Europe campaigns.  Item 33 should be corrected to show the EAME Campaign Medal with one silver service star and one bronze service star with one bronze arrowhead.

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:

	a.  deleting the entry "German" from item 32 of his WD AGO Form 53-55 and adding the entries "Rhineland," "Anzio," and "Central Europe," and

	b.  deleting the entry "European African Middle Eastern Theater Ribbon Four Battle Stars" from item 33 of his WD AGO Form 53-55 and replacing it with the entry "European-African-Middle Eastern Campaign Medal with one silver service star and one bronze service star with one bronze arrowhead."



      ____________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)                                         AR20100000144



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ABCMR Record of Proceedings (cont)                                         AR20100000144



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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