BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100007710 


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 he participated in the Normandy campaign during World War II.

2.  He states, in effect, he arrived in the European Theater of Operations (ETO) on 26 May 1944, as is shown on his WD AGO Form 53-55.  He adds that he was assigned to the 35th Infantry Division and was with them when they landed at Omaha Beach in Normandy, France.  He also states he served as an Assistant Company Clerk until his arrival in England, where he became a Machine Gunner.
He attests that he served in every campaign in which the 35th Infantry Division participated.  He concludes that the country of France is awarding the French Legion of Merit to all participants in the liberation of their country from the Germans and he would like his record to be accurate.

3.  He provides a vignette extracted from the 35th Infantry Division Association's Internet website.

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.  His 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 the applicant's 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 the applicant's WD AGO Form 53-55 provided by the National Personnel Records Center.

3.  His WD AGO Form 53-55 contains the following pertinent information:

* he was inducted into the Army of the United States 23 August 1943 and entered active duty on 13 September 1943
* his military occupational specialty was 405 (Clerk Typist)
* his unit of assignment was Battery A, 219th Field Artillery Battalion
* he served in the ETO from 26 May 1944 until his departure enroute to the continental U.S. (CONUS) on 5 September 1945
* he held the rank/grade of private first class (PFC)/E-3 on the date of his separation and it was the highest rank he attained while serving
* he was honorably discharged on 6 November 1945 after completing a total of 2 years, 2 months, and 14 days of active military service

4.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Ardennes, Central Europe, Northern France, and Rhineland campaigns of World War II.

5.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded or authorized the European-African-Middle Eastern (EAME) Service [sic Campaign] Medal and the Army of Occupation Medal.

6.  He provides a vignette extracted from the 35th Infantry Division Association's Internet website which highlights the division's participation in the Normandy Campaign.


7.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This document shows that at the time of his assignment to Battery A, 219th Field Artillery Battalion, the unit was credited with participation in five campaigns during World War II:  Ardennes, Central Europe, Normandy, Northern France, and Rhineland.  This pamphlet also shows his unit was credited with the occupation of Germany during the period 20 May - 31 October 1945.

8.  Army Regulation 600-8-22 (Military Awards) states the EAME Campaign Medal is awarded for service within the EAME Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

9.  Department of the Army Pamphlet 672-1 shows World War II units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal.

10.  Army Regulation 600-8-22 further states that 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 EAME Campaign Medal must have been awarded prior to 9 May 1945.

11.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation or listed in item 32 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 EAME Campaign Medal.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his WD AGO Form 53-55 should be corrected to show he participated in the Normandy campaign during World War II was carefully considered and determined to have merit.


2.  Evidence shows he arrived in the ETO prior to his unit's participation in the Normandy campaign.  Therefore, it is reasonable to presume he participated in this campaign and is entitled to correction of his record to show his participation in this campaign.

3.  Records show that the applicant was awarded the EAME Campaign Medal.  Records also show that he participated in five campaigns during his service in the EAME Theater of Operations.  Therefore, he is eligible for award of one silver service star to be affixed to his already-awarded EAME Campaign Medal.

4.  Records also show his unit was credited with the occupation of Germany and that he served a qualifying period of service for award of the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show receipt of this award.

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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.  adding the Normandy campaign to Item 32 of his WD AGO 53-55,

	b.  deleting the European-African-Middle Eastern Service Medal and the Army of Occupation Medal from Item 33 of his WD AGO 53-55, and





	c.  adding the European-African-Middle Eastern Campaign Medal with one silver service star and the Army of Occupation Medal with Germany Clasp to item 33 of 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)                                         AR20100007710





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)