IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100018843 


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 all of his authorized medals that were not issued at the time of his discharge and that they be awarded at this time.

2.  The applicant states that he believes he is authorized more individual and unit awards than are reflected on his WD AGO Form 53-55, such as the French Croix De Guerre and the World War II (WWII) Victory Medal.

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, the WD AGO Form 53-55 provided by the applicant is sufficient to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 23 October 1942 and he entered active duty at Fort Snelling, MN on 5 November 1942.  He completed his training and he was assigned to the 493rd Armored Field Artillery Battalion, 12th Armored Division.

4.  The 12th Armored Division staged at Camp Shanks, NY and sailed for England and the European Theater of Operations (ETO) on 20 September 1944.  The Division landed in Liverpool, England on 1 October 1944.  Five weeks later the Division crossed the English Channel and landed in Le Havre, France.  On 5 December 1944, the 493rd Armored Field Artillery Battalion fired the first combat round on 5 December 1944.

5.  The applicant attained the rank of private first class and he participated in the Rhineland and Central Europe campaigns before being returned to the continental United States on 13 August 1945.

6.  He was transferred to Camp McCoy, WI where he was honorably discharged on 7 November 1945.  He had served 10 months and 24 days of foreign service and 3 years and 2 days of total active service.

7.  Item 33 (Decorations and Citations) and continued in item 55 (Remarks) of his WD AGO Form 53-55 shows that he was awarded the Army Good Conduct Medal, European-African-Middle Eastern (EAME) Theater Service Ribbon [now known as the EAME Campaign Medal], and the American Theater Service Medal [now known as the American Campaign Medal].

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for WWII and the Korean War.  This pamphlet failed to show that the applicant’s unit was awarded the French Croix De Guerre or any other unit awards during the period he was assigned to the 493rd Armored Field Artillery Battalion, 12th Armored Division.

9.  Army Regulation 600-8-22 (Military Awards) states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

10.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal, including the EAME Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for award of the WWII Victory Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

2.  The applicant served in two campaigns during his service in the ETO.  Therefore, he is entitled to 2 bronze service stars for wear on his already awarded EAME Campaign Medal.

3.  There is no evidence in the available records to show that his unit was awarded the French Croix De Guerre or any other unit awards during the applicant's period of assignment.  Therefore, in the absence of such evidence there appears to be no basis to add additional unit awards to his records at this time.

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.  deleting from item 55 of his WD AGO Form 53-55 the European-African, Middle Eastern Theater Service Medal and

	b.  adding to item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal with 2 bronze service stars and the World War II Victory 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 awarding him the French Croix De Guerre or any other unit awards and adding any additional awards to his WD AGO Form 53-55.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II.  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)                                         AR20100018843



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ABCMR Record of Proceedings (cont)                                         AR20100018843



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