IN THE CASE OF:	  

		BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100010467 


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) to show he is authorized the Army of Occupation Medal with Germany Clasp and any Presidential Unit Citation to which he may be entitled.

2.  The applicant states he was a member of E Company, 2nd Battalion, 504th Parachute Infantry Regiment, 82nd Airborne Division and that he participated in the five campaigns as shown on his WD AGO Form 53-55.

3.  The applicant provides a copy of his WD AGO Form 53-55.

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 on 12 February 1943 and entered active duty on 19 February 1943.  He arrived in the European Theater of Operations on 6 August 1943 and he was assigned to Company E, 2nd Battalion, 504th Parachute Infantry Regiment, 82nd Airborne Division.

4.  He returned to the US on 7 November 1945 and he was honorably discharged on 26 November 1945 for the convenience of the government, due to demobilization.

5.  His WD AGO Form 53-55 shows he participated in the following campaigns:

* Naples-Foggia
* Rome-Arno
* Ardennes
* Rhineland
* Central Europe

6.  His WD AGO Form 53-55 also shows he awarded the following:

* Four Overseas Bars
* European-African-Middle-Eastern Theater Ribbon with one silver star
* Good Conduct Medal
* Silver Star
* Croix De Guerre Medal
* Bronze Arrowhead Medal
* World War II Victory Medal
* Belgian Fourragere
* Holland Military Order of Wilhelm
* Combat Infantryman Badge
* Parachutist Badge
* Lapel Button

7.  A review of the available evidence does not show the 2nd Battalion, 
504th Parachute Infantry Regiment, was ever awarded the Presidential Unit Citation.
8.  On 26 October 2009, the National Personnel Records Center issued the applicant a Bronze Star Medal.  However, it was never added on his WD AGO Form 53-55.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows World War II units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal.  It showed the unit to which the applicant was assigned was awarded the Army of Occupation Medal for occupation credit from 3 May 1945 through 31 October 1945 in Germany.

10.  Army Regulation 600-8-22 (Military Awards) 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.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

11.  Army Regulation 600-8-22 also states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

DISCUSSION AND CONCLUSIONS:

1.  Although some units of the 504th Parachute Infantry Regiment were awarded the Presidential Unit Citation, a review of the available records and the Department of the Army Pamphlet 672-1 fails to show that the 2nd Battalion was ever awarded the Presidential Unit Citation.  Therefore, it cannot be included on his WD AGO Form 53-55.

2.  However, based on Department of the Army Pamphlet 672-1 and Army Regulation 600-8-22, he is authorized the Army of Occupation Medal with Germany Clasp.  This award should be included on his WD AGO Form 53-55.

3.  The National Personnel Records Center issued him a Bronze Star Medal on 26 October 2009.  Therefore, this award should also be included on his WD AGO Form 53-55.

4.  In view of the foregoing, it would be appropriate to correct the applicant's records as recommended below.


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 amending his WD AGO Form 53-55 to add the Army of Occupation Medal with Germany Clasp and the Bronze Star Medal.

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 amending his WD AGO Form 53-55 to show he is authorized the Presidential Unit Citation.



      _______ _   _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)                                         AR20100010467



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ABCMR Record of Proceedings (cont)                                         AR20100010467



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