IN THE CASE OF:
BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100023218
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, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show three additional combat stars [bronze service stars for campaign participation] and four bronze arrowhead devices [for assault landing participation].
2. The applicant states he was only issued seven combat stars and no arrowheads even though he earned them.
3. The applicant provides his WD AGO Form 53-55 and a World War II Honoree printout.
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 Board requested the applicant's military records from the repository in St. Louis, MO, without success. 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 in that fire. However, there are sufficient records to make a fair, impartial, and equitable determination in this case.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 5 June 1941, served in the European-African-Middle Eastern (EAME) theater of operations from 8 November 1942 to 31 May 1945, and was promoted to the rank of private first class.
4. He served in the Algeria-French Morocco, Tunisia, Sicily, Southern France, Naples-Foggia, Rhineland, and Rome-Arno Campaigns. He was also awarded the Combat Infantryman Badge.
5. He departed the EAME theater on 31 May 1945 and was honorably discharged on 30 June 1945. His unit was identified as the 7th Infantry Regiment.
6. Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 7th Infantry Regiment received assault landing credit for four assault landings and three additional campaigns (for a total of 10) while he was in the EAME theater.
7. Army Regulation 600-8-22 (Military Awards) provides for the arrowhead device to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned. The regulation requires that the unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate. The regulation also specifies that the arrowhead device is authorized for wear on the EAME Campaign Medal.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, without the applicant's records there is no way of knowing whether he was assigned to and present for duty with the 7th Infantry Regiment for the entire period he was in the EAME theater. He could have been assigned or attached to other units or he could have been hospitalized for noncombat-related injuries or diseases. However, even if the applicant's assignment could be verified throughout his service in the EAME theater, there is no way of knowing if he actually participated in the assaults the 7th Infantry Regiment was credited with performing.
2. Unfortunately, because of the passage of time and destruction of military records, there is insufficient evidence in which to grant the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. 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) AR20100023218
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ABCMR Record of Proceedings (cont) AR20100023218
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