IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100020761 


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) and Honorable Discharge Certificate to show he was a member of 75th Division and that he served all of his combat time with this division not the 29th Division. 

2.  The applicant states he never served with the 29th Infantry Division.  He is proud of his service as a combat medic with the 2nd Battalion, 291st Regiment, 75th Infantry Division through three campaigns in Europe.  He understands that the 75th Division was disbanded in Europe in or around November 1945 when it was split up to handle the redeployment camps in France.  He was a medic working in the Veterans Administration Clinic in Baltimore, MD and he was not aware of the break-up until recently.  This would explain the 29th Division entry on his WD AGO Form 53-55.  But still, he should not be associated with the 29th Division and the French should know he fought with them with the 75th Division.  

3.  The applicant provides the following documents:

* An email testimony from a former unit member
* A self-authored statement
* Honorable Discharge Certificate
* WD AGO Form 53-55
* WD AGO Form 100 (Separation Qualification Record) 



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 the applicant's records were lost or destroyed in this fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 24 November 1942 and entered active duty in Camden, NJ, on 1 December 1942.  This form also shows that at the time of separation, the applicant held military occupational specialty 657 (Litter Bearer).

4.  His WD AGO Form 53-55 also shows he departed the continental United States (CONUS) on 22 October 1944 and arrived in the European Theater of Operations (ETO) on 2 November 1944.  He departed the ETO on 10 January 1946 and arrived back in CONUS on 20 January 1946.  He completed 1 year, 10 months, and 25 days of continental service and 1 year, 2 months, and 29 days of foreign-service.  

5.  He was honorably separated on 24 January 1946.  He was also issued an Honorable Discharge Certificate on this date that shows he was honorably discharged in the rank of private first class and that he was assigned to the 29th Infantry Division.

6.  Item 6 (Organization) of his WD AGO Form 53-55 shows the entry "MED DET 29th INF" indicating at the time of his discharge he was assigned to the Medical Detachment, 29th Infantry. 


7.  Item 31 (Military Qualifications and Date (i.e. infantry, aviation, and marksmanship badges, etc.)) of his WD AGO Form 53-55 shows he was awarded the [Combat] Medical Badge by authority of General Orders Number 41, issued by Headquarters, 291st Infantry, on 20 May 1945. 

8.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Ardennes, Rhineland, and Central Europe campaigns during his service in World War II (WWII).

9.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the American Theater Ribbon, European-African-Middle Eastern Campaign Medal, Good Conduct Medal, [World War II] Victory Medal, and Meritorious Unit Commendation. 

10.  He submitted the following documents:

	a.  An email testimony, dated 11 January 2009, from a former unit member who testifies that he served with the applicant in the Medical Detachment, 2nd Battalion, 291st Infantry Regiment, 75th Infantry Division during the liberation of Colmar, Alsace-Lorraine during February 1945 .  

	b.  A self-authored statement wherein the applicant chronicled some of the events that occurred while serving with the 75th Division in the ETO. 

	c.  A WD AGO Form 100 shows he served as a litter bearer for 30 months with the 75th Infantry Division through three campaigns. 

11.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides in paragraph 24 that item         6 (Organization) of the WD AGO Form 53-55  be completed as follows:  “Enter the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.  Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity.”

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal 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.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the European-African-Middle Eastern Campaign Medal.  The regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served as a litter bearer with the Medical Detachment, 291st Infantry Regiment, 75th Infantry Division as evidenced by his award of the Combat Medical Badge by the 291st Infantry Regiment and as shown on his WD AGO Form 100.  It appears he was assigned to the 29th Infantry while moving to a separation activity and that the 29th Infantry was inadvertently entered on his WD AGO Form 53-55 and his Honorable Discharge Certificate.  Therefore, he is entitled to correction of both documents to show his correct unit of assignment.  

2.  The available evidence shows the applicant was awarded the Combat Medical Badge. Therefore, based on his entitlement to award of the Combat Medical Badge he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

3.  The available evidence also shows he was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, the evidence shows he participated in three campaigns.  Therefore, he is entitled to award of three bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.

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:

* deleting from item 6 of his WD AGO Form 53-55 the entry "MED DET 29th INF" and adding the entry "MED DET 291st INF REG, 75TH INF DIV"
* issuing him a new Honorable Discharge Certificate that reflects the 291st Infantry, 75th Infantry Division was his unit of assignment
* awarding him the Bronze Star Medal based on award of the Combat Medical Badge
* adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal and three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern 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)                                         AR20100020761



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ABCMR Record of Proceedings (cont)                                         AR20100020761



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