BOARD DATE: 18 January 2011
DOCKET NUMBER: AR20100016524
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 an additional bronze service star on his European-African-Middle Eastern (EAME) Campaign Medal for combat in Germany.
2. The applicant states this service star is not 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, the evidence provided by the applicant is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows in:
a. item 6 (Organization) Company K, 371st Infantry Regiment;
b. item 32 (Battles and Campaigns) Northern Apennines and Po Valley;
c. item 33 (Decorations and Citations) American Theater Service Medal, EAME Service Medal with two bronze service stars, and World War II Victory Medal; and
d. item 36 (Service Outside Continental United States and Return) arrived in the European theater of operations (ETO) on 31 October 1944 and departed ETO on 11 August 1946.
4. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 371st Infantry Regiment participated in the following three campaigns:
* Rome-Arno 22 January 1944 to 9 September 1944
* Northern Apennines 10 September 1944 to 4 April 1945
* Po Valley 5 April 1945 to 8 May 1945
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his WD AGO Form 53-55 should be corrected to add an additional bronze service star on his EAME Campaign Medal for combat in Germany.
2. The available evidence clearly shows the applicant served with the 371st Infantry Regiment in the ETO and participated in two campaigns. Furthermore, his WD AGO Form 53-55 currently reflects two bronze service stars on his EAME Campaign Medal for these two campaigns.
3. While the 371st Infantry Regiment did participate in a total of three campaigns, the evidence shows the applicant did not arrive in the ETO until after completion of the first of these campaigns.
4. In view of the above, there is no apparent error to correct. Therefore, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x____ ___x_____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20100016524
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ABCMR Record of Proceedings (cont) AR20100016524
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