BOARD DATE:	 20 July 2010 

		DOCKET NUMBER:  AR20100000395 


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 - Honorable Discharge) to show award of the Bronze Star Medal, Combat Infantryman Badge, and the World War II Victory Medal, and that his organization at the time of his discharge was Company I, 291st Infantry Regiment, 75th Infantry Division instead of the Headquarters, 414th Anti-Aircraft Artillery (AAA) Gun Battalion.

2.  The applicant states, in effect, he earned the requested awards and decorations while serving with Company I, 291st Infantry Regiment, 75th Infantry Division during World War II.  He attests he was only assigned to the 414th AAA Gun Battalion aboard ship during his return trip to home.  He wants his discharge document corrected in order to provide accurate information for future generations.

3.  The applicant provides copies of:

* a WD AGO Form 53-55
* an award citation
* a 3-page self-authored statement

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 record is 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 his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55 and a WD Form 372A (Final Payment - Worksheet) provided by the National Personnel Records Center.

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 10 March 1943 and entered active duty on 18 March 1943.  His military occupational specialty was 745 (Rifleman).  Item 6 (Organization) of this form shows his final unit of assignment was Headquarters, 414th AAA Gun Battalion.  He held the rank of technical sergeant on the date of his separation and this was the highest rank he attained while serving on active duty.  He was honorably discharged on 9 December 1945 after completing a total of 2 years and 9 months of active military service.

4.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in Ardennes, Rhineland, and Central Europe campaign during his period of service.

5.  Items 31 (Military Qualification and Date) and item 33 (Decorations and Citations) of his WD AGO Form 53-55 show the:

* Expert Infantryman Badge
* Bronze Star Medal (by Headquarters, 75th Infantry Division, General Order Number 188, dated 26 July 1945)
* 
Good Conduct Medal
* European-African-Middle Eastern Theater Service Ribbon

6.  His WD Form 372A, dated 9 December 1945, shows he was paid Combat Infantry Pay for the period 1 October through 9 December 1945 as part of his final pay.

7.  He provides a copy of the Headquarters, 75th Infantry Division Citation commemorating his award of the Bronze Star Medal for meritorious achievement in military operations against the enemy from 29 December 1944 to 14 April 1945, in Belgium, France, Holland, and Germany.  It was noted that as squad leader, in the absence of his platoon sergeant and officer, he led successful attacks against the enemy.  His unit of assignment is shown as the 291st Infantry Regiment on this certificate.  The authority for this award was General Orders Number 188, dated 2 July 1945.

8.  He also provides a 3-page self-authored statement, wherein he recalls the actions of his units and himself during his period of service.

9.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman 

Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.  An oak leaf cluster is authorized for wear for each additional award of the Bronze Star Medal.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations during the period 7 December 1941 to 8 November 1945.  This regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign participation credit for units serving in World War II.  This publication shows that the 291st Infantry was awarded occupation campaign credit for Germany during the period 2 May - 
5 July 1945.

14.  Army Regulation 600-8-22 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.

15.  Department of the Army Technical Manual (TM) 12-235 (Enlisted Personnel - Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the WD AGO Form 53-55.  It stated, in pertinent part, that for item 6, enter the last unit, or similar element to which he was assigned, rather than the element of which he 

was a part while moving to a separation activity.  Assignments to units for the purpose of transfer from a theater to the United States are considered part of the movement to a separation activity.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his WD AGO Form 53-55 should be corrected to show award of the Bronze Star Medal, Combat Infantryman Badge, World War II Victory Medal, and that his organization at the time of his discharge was Company I, 291st Infantry Regiment, 75th Infantry Division were carefully considered.

2.  Evidence shows he possessed an infantry specialty, he was awarded the Expert Infantryman Badge, he served in direct combat, and he was entitled to and received Combat Infantry Pay for the period 1 October - 9 December 1945.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 to show award of the Combat Infantryman Badge.

3.  By regulation, the Bronze Star Medal is authorized to members who received the Combat Infantryman Badge during World War II.  Therefore, it would also be appropriate to award him an additional Bronze Star Medal based upon award of the Combat Infantryman Badge.  As a result, he is entitled to correction of his WD AGO Form 53-55 to show award of the Bronze Star Medal with First Oak Leaf Cluster.

4.  Evidence shows he was awarded the European-African-Middle Eastern Campaign Medal and that he participated in three campaigns during his service in the European Theater of Operations (ETO).  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded European African-Middle Eastern Campaign Medal.

5.  Evidence shows he served a qualifying period of service in a designated area of eligibility for award of the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal.  Therefore, he is entitled to have his WD AGO Form 53-55 corrected to show these service medals.

6.  The applicant claims he was only assigned to the 414th AAA Gun Battalion aboard ship for the purpose of returning to the United States [for separation processing].  Evidence shows he was assigned to the 291st Infantry Regiment during his assignment in the ETO.  This unit of assignment is confirmed by his award of the Bronze Star Medal for meritorious achievement from 29 December 

1944 to 14 April 1945 while assigned to the 291st Infantry.  Therefore, there is sufficient corroborating evidence to correct his WD AGO Form 53-55 to show this unit as his unit of assignment in item 6 of his WD AGO Form 53-55.

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 from item 6 of his WD AGO Form 53-55 the entry "HQ 414th AAA Gun Battalion" and replacing it with the entry "Company I, 291st Infantry Regiment, 75th Division";

	b.  deleting from item 32 of his WD AGO Form 53-55 the entry "Bronze Star GO #188 HQ 75th Inf 26 Jul 45";

	c.  awarding him the Combat Infantryman Badge and the Bronze Star Medal with First Oak Leaf Cluster based on award of the Combat Infantryman Badge,

	d.  adding to item 31 of his WD AGO Form 53-55 the Combat Infantryman Badge; and

	e.  adding to item 33 of his WD AGO Form 53-55 the:

		(1)  Bronze Star Medal with First Oak Leaf Cluster,

		(2)  World War II Victory Medal,

		(3)  Army of Occupation Medal with Germany Clasp, and

		(4)  European-African-Middle Eastern Campaign Medal with three 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)                                         AR20100000395



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont