IN THE CASE OF:	  

		BOARD DATE:	    4 January 2011

		DOCKET NUMBER:  AR20100013570 


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 her deceased husband’s [hereafter referred to as the former service member (FSM)] WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the American Campaign Medal, Army of Occupation Medal with Germany Clasp, European-African-Middle Eastern Campaign Medal with            2 bronze service stars, and the Bronze Star Medal (BSM) based on award of the Combat Infantryman Badge (CIB).  She also requests a reissue of these medal sets to include a medal set for the previously-awarded CIB. 

2.  She states these awards were not in existence at the time of the FSM’s discharge or were never issued.  She wants to honor her deceased husband by having his record corrected and would like the medals reissued to her for remembrance. 

3.  She provides the following:

* A copy of their marriage certificate
* A copy of the FSM’s death certificate
* A copy of two WD AGO Forms 53-55 for the periods ending 26 November 1945 and 24 May 1947, respectively
* A copy of two discharge certificates




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 FSM’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 (NPRC) in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  This case is being considered using reconstructed records, which primarily consist of WD AGO Form 53-55.

3.  The FSM’s WD AGO Forms 53-55 show he was inducted into the Army of   the United States and entered active duty on 29 April 1944.  He held military occupational specialty (MOS) 745 (Rifleman) and MOS 014 (Automobile Mechanic), and held the rank of private first class on the date of his separation.

4.  His WD AGO Forms 53-55 also show he served in the continental United States until he deployed to the European Theater of Operations (ETO), where he served from 12 February 1945 through 27 November 1945.  Item 6 (Organization) of these forms shows that he was assigned to Company E, 23rd Infantry, while serving in the ETO, and to the Enlisted Detachment 4104, Army Special Unit.

5.  His first WD AGO Form 53-55 shows he served 9 months and 4 days of continental service. 

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Rhineland Campaign from 21 February to 21 March 1945, and in the Central Europe Campaign from 22 March to 11 May 1945.  Item 33 (Decorations and Citations) shows he was awarded the Combat Infantryman Badge per Special Orders 48, dated 9 May 1945; the Army Good Conduct Medal, and the World War II Victory Medal.  

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows World War II units that are authorized assault landing and campaign participation credit.  This document shows that the 23rd Infantry Regiment received occupation credit for Germany during the period 2 through 19 May 1945 and for Austria during the period 5 July through 20 October 1945.  It also participated in the Rhineland and Central Europe Campaigns.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Army Regulation 600-8-22 provides for award of the BSM to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.  

10.  Army Regulation 600-8-22 provides for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

11.  The American Theater of WW II encompassed the mainland United States and extended to the middle of the Atlantic Ocean.  The area also encompassed Alaska, Canada, parts of the Baja California Peninsula, and the Pacific Coast.  The ETO was not considered a part of the American Theater. 

12.  Army Regulation 600-8-22 authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  This regulation also states that authorized bronze service stars will be worn on the appropriate campaign or service medal.   

13.  Requests for the issuance or replacement of military service medals, decorations, and awards should be directed to the NPRC.  NPRC will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  The eVetRecs is preferred for requesting medals and awards.  This online feature is available at this link http://www.archives.gov/veterans/evetrecs.  In order to initiate the request electronically, click on the "Request Military Records" button provided on the website and then enter the required information in order to create a customized request form.  Should the preference be to submit the request using a Standard Form (SF) 180 (Request Pertaining to Military Records), mail the form to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100.  If an SF 180 is needed, one can be obtained by sending a request to the same address. 
 
DISCUSSION AND CONCLUSIONS:

1.  Based on award of the Combat Infantryman Badge which is listed in item 33 of his WD AGO Form 53-55, the FSM is entitled to award of the Bronze Star Medal and to have this award added to his WD AGO Form 53-55.

2.  Evidence of records shows the FSM’s unit received credit for participation in the Central Europe and Rhineland Campaigns.  Therefore, he is entitled to award of the European-African-Middle Eastern Campaign Medal with 2 bronze service stars, and to have this award added to his WD AGO Form 53-55.

3.  The evidence also shows his unit received occupation credit for Germany and Austria.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany clasp, and to have this award added to his WD AGO Form 53-55.

4.  The evidence shows the FSM served only in the ETO during WW II.  The ETO was not a part of the American Theater.  In addition, he served 9 months and 4 days of continental service during the period covered by his first WD AGO Form 53-55, and his second WD AGO Form 53-55 indicates he served an additional 2 months and 12 days of continental service from 21 December 1945 through 2 March 1946, for a total of only 11 months and 16 days of continental service (less than an aggregate of 12 months of service).  Therefore, he is not entitled to the American Campaign Medal.  
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:

	a.  awarding the FSM the Bronze Star Medal (based on award of the Combat Infantryman Badge), and 

   b.  adding the award of the Bronze Star Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, and the Army of Occupation Medal with Germany clasp to item 33 of his WD AGO Form 53-55 for the period ending 24 May 1947.
   
   c.  issuing the above and all other awards. 

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 the American Campaign 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)                                         AR20100013570





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ABCMR Record of Proceedings (cont)                                         AR20100013570



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