IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100018400 


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 the award of the Presidential Unit Citation (PUC).

2.  The applicant states that he served with A Battery, 466th Parachute Field Artillery Battalion during Operation Varsity in March 1945 and he should have been awarded the PUC.

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 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 to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army in Florence, SC on 14 June 1940 and he completed his training as a field artillery surveyor before being transferred to the European Theater of Operations (ETO) on 28 August 1944 for assignment to A Battery, 466th Parachute Field Artillery Battalion, 17th Airborne Division.

4.  He participated in the Belgium campaign and he was wounded on 24 January 1945.  In 24 March 1945 his unit participated in Operation Varsity, the largest single airborne operation in history to be conducted on a single day.

5.  He departed the ETO on 17 April 1945 and he was transferred to the Veterans Administration Facility in Columbia, SC where he was honorably discharged in the rank of sergeant on 24 October 1945 with a Certificate of Disability.  He served 5 years, 4 months and 11 days of active service with no lost time.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 issued at the time of his discharge shows he was awarded the European-African-Middle Eastern (EAME) Campaign Ribbon with one bronze service star and the Purple Heart.  His WD AGO Form 53-55 shows his unit at the time of his discharge as being “A Battery, 466th Parachute Field Artillery Battalion.”

6.  On 16 November 2009, the National Personnel Record Center (NPRC) authorized the issuance of medal sets to the applicant for awards of the Purple Heart, Army Good Conduct Medal, American Defense Service Medal, American Campaign Medal, World War II Victory Medal, and the Honorable Service Lapel Button (WWII).  There is no evidence to show that those awards were added to his WD AGO Form 53-55.

7.  War Department General Orders Number 119-46 awarded the 466th Parachute Field Artillery Battalion the Distinguished Unit Citation (now known as the Presidential Unit Citation) for actions on 24 March 1945.

8.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The award would not be 


made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.”  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the [Report of Separation and] Discharge Certificate.

9.  Army Regulation 600-8-22 (Military Awards) states the American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

10.  Army Regulation 600-8-22 states the American 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, or 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.  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 the PUC should be added to his records has been noted and appears to have merit. 

2.  The applicant was assigned to the 466th Parachute Field Artillery Battalion during the period it was awarded the PUC for its participation in “Operation Varsity.”  Accordingly, he is entitled to correction of his WD AGO Form 53-55 to show this unit award.

3.  Although orders are normally required to add an award of the Army Good Conduct Medal to an individual’s records, there is sufficient evidence to suggest that the applicant should have been awarded the AGCM during the first 3 years of his service due to the fact that he was advanced to the pay grade of E-5 and he had no lost time.  Therefore, since he has been issued the AGCM already, it would appropriate to add this award to his WD AGO Form 53-55 at this time. 
4.  The evidence of record also shows that he is entitled to the American Defense Service Medal, American Campaign Medal, and the World War II Victory Medal.  Accordingly, they should be added to his WD AGO Form 53-55 at this time.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 33 of his WD AGO Form 53-55 the:

* Army Good Conduct Medal
* American Defense Service Medal
* American Campaign Medal
* World War II Victory Medal
* Presidential Unit Citation

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20100018400



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ABCMR Record of Proceedings (cont)                                         AR20100018400



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