IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100013339 


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 award of the Bronze Arrowhead Device.

2.  The applicant states he landed on Omaha Beach and fought in the initial invasion.  He contends he was a member of the 457th Army Antiaircraft Artillery (AAA) (Automatic Weapons (AW)) Battalion as a private first class (PFC) with Battery B.  

3.  The applicant provides copies of his WD AGO Form 53-55 and a 2-page extract of the 457th AAA (AW) Battalion personnel roster in support of this application.

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 for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  The applicant's WD AGO Form 53-55 indicates that:

	a.  he was inducted into the Army of the United States on 10 February 1943 and entered active duty service on 17 February 1943;

	b.  he served in the European Theater of Operations (ETO) from 
17 December 1943 to 21 February 1945;

	c.  he participated in the Normandy, Northern France, and Rhineland campaigns and was awarded the European-African-Middle Eastern Theater (EAME) Campaign Ribbon with three bronze service stars, the American Theater Ribbon, and the Good Conduct Medal; and

	d.  he was honorably discharged on 7 November 1945 in the rank of PFC.

4.  In support of this application, he provided a 457th AAA (AW) Battalion personnel roster which was extracted from a publication titled "From Texas to Teisnach."  His name is listed as a member of this unit during World War II.

5.  Army Regulation 600-8-22 (Military Awards) provides that a Bronze Arrowhead Device is awarded to denote a combat parachute jump, helicopter assault landing, combat glider landing, or an amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  It is worn on the service and suspension ribbons of the European-African-Middle Eastern Campaign Medal.

6.  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 457th AAA (AW) Battalion participated in an assault landing during the time of the applicant's assignment in the ETO.

7.  Review of the available records indicates he is authorized additional awards and decorations that are not shown on his WD AGO Form 53-55.

8.  Department of the Army Pamphlet 672-1 shows that the 457th AAA (AW) Battalion participated in the Ardennes-Alsace Campaign during the applicant's assignment to the ETO.

9.  Army Regulation 600-8-22 states a bronze service star is authorized for wear on the EAME Campaign Medal for participation in each campaign.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his entitled to a Bronze Arrowhead Device for participation in the Omaha Beach invasion has been carefully reviewed.

2.  The available evidence indicates that the 457th AAA (AW) Battalion was credited with an assault landing during the applicant's assignment to this unit.  Furthermore, the evidence provided by the applicant is sufficiently convincing to show that he served with this unit during the entire time of his service in the ETO. Therefore, his records should be corrected to show he is authorized a Bronze Arrowhead Device to be worn on his EAME Campaign Medal.

3.  He was awarded the EAME Campaign Medal with three bronze service stars; however, the available evidence indicates the 457th AAA (AW) Battalion also participated in the Ardennes-Alsace Campaign during the applicant's assignment to this unit.  Therefore, he is entitled to the EAME Campaign Medal with four bronze service stars and its addition to his WD AGO Form 53-55.

4.  He served a period of qualifying service for the World War II Victory Medal.  This award should also be added to 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 the European-African-Middle Eastern Campaign Medal with three bronze service stars from his WD AGO Form 53-55; and

	b.  adding to his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal with four bronze service stars and a Bronze Arrowhead Device and the World War II Victory Medal.





      __________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)                                         AR20100013339



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ABCMR Record of Proceedings (cont)                                         AR20100013339



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