IN THE CASE OF:	  

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100024258 


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) to show award of two battle stars and correction of his NA Form 13038 (Certification of Military Service) to show his last grade held was Technical Sergeant and military occupational specialty (MOS) 502 (Sergeant Major).

2.  The applicant states the last grade listed on his WD AGO Form 100 (Separation Qualification Record) shows Technical Sergeant and that he held MOS 502 (Sergeant Major); however, the NA Form 13038 he was issued shows his last grade was Technician Fifth Grade.  He also states his WD AGO Form 100 shows he was awarded two battle stars; however, they are not listed in item 33 (Decorations and Citations) of his WD AGO Form 53-55.

3.  The applicant provides, in support of his application, copies of his
WD AGO Form 100, WD AGO Form 53-55, and NA Form 13038.

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 service 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, 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 100 shows he entered active service on
15 July 1943 and he was separated on 20 November 1945.

   a.  Item 3 (Grade) shows "T/Sgt" [Technical Sergeant];

   b.  Military Occupational Assignments shows in item 11 (Grade) and item 12 (Military Occupational Specialty):

       (1)  for the next-to-last entry the grade "Tec 5" [Technician Fifth Grade] and the corresponding MOS "Clerk-Typist (405)" and

       (2)  for the last entry the grade "T/Sgt" and the corresponding MOS "Sgt [Sergeant] Major (502)";

   c.  Summary of Military Occupations, item 13 (Title - Description - Related Civilian Occupation), shows "Sergeant Major:  Supervised and directed the work of a battalion headquarters in the preparation of correspondence, records, forms, reports and orders.  Served with the 10th Mountain Division.  Related Civilian Occupation:  Manager, Office I."
   
   d.  Additional Information, item 23 (Remarks), shows "Awards - Two Battle Stars, Bronze Star, Infantry Combat Badge."  [The Good Conduct Medal, World War II Victory Medal, and Combat Infantryman Badge have been handwritten in this item.]

4.  The applicant's WD Form 53-55 shows he was inducted into the Army of the United States (AUS) on 15 July 1943, entered active service on 5 August 1943, and he was honorably discharged on 20 November 1945.  He had completed
1 year and 9 months of continental service and 7 months and 6 days of foreign service.  It also shows in:

   a.  item 3 (Grade) - "T SGT";

   b.  item 6 (Organization) he was assigned to the 85th Mountain Infantry Regiment;

   c.  item 30 (Military Occupational Specialty and Number) - "Clerk Typist 405" 9 November 1944";

   d.  item 31 (Military Qualification and Date), coupled with item 55 (Remarks), that he qualified with the Carbine and M-1 Rifle.

   e.  item 32 (Battles and Campaigns) the Po Valley and North Apennines campaigns;

   f.  item 33 (Decorations and Citations) the Good Conduct Medal, World War II Victory Medal, Bronze Star Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, Combat Infantryman Badge, and American Theater Campaign Medal;

   g.  item 36 (Highest Grade Held) - "T SGT"; and
   
   h.  item 36 (Service Outside Continental U.S. and Return) that he departed the U.S. on 4 January 1945, arrived in the European Theater of Operations (ETO) on 13 January 1945, departed the ETO on 30 July 1945, and arrived in the U.S. on 10 August 1945.

5.  The applicant's Honorable Discharge Certificate shows he was honorably discharged on 20 November 1945 in the grade of "Technical Sergeant."

6.  An NA Form 13038, issued by the National Archives and Records Administration on 14 July 2009, shows the applicant was a member of the AUS from 15 July 1943 to 20 November 1945 and that he was honorably discharged in the grade of "Technician Fifth Grade."

7.  DA Pam 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in World War II.  This document shows that at the time of the applicant's assignment to the 85th Mountain Infantry Regiment,
10th Infantry Division, the unit received campaign participation credit for the
Po Valley and North Apennines campaigns.  It also shows the unit was granted credit for the occupation of Germany from 2 May to 5 July 1945.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  A bronze service star (i.e., campaign or battle star) is authorized for wear on the ribbon based on qualifying service for each campaign listed in DA Pam 672-1.

	b.  The Army of Occupation Medal with Germany Clasp is awarded for qualifying service between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 should be corrected to show award of two battle stars and his NA Form 13038 should be corrected to show the last grade he held was Technical Sergeant and MOS 502 (Sergeant Major).

2.  Records show the applicant served in the ETO and that he participated in two campaigns; the Po Valley and North Apennines.

   a.  Item 33 of the applicant's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal with two bronze service stars (i.e., "EAME Ribbon with 2 Bronze Service Stars").

   b.  A bronze service star is commonly referred to as a campaign or battle star.

   c.  Thus, the entry in item 33 of the applicant's WD AGO Form 53-55 appropriately shows his service ribbon with the authorized service stars and there is no basis for correction of the entry.

3.  The evidence of record shows the applicant was authorized award of the Army of Occupation Medal with Germany Clasp.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 to show the award.

4.  Records show the highest and last grade held by the applicant was Technical Sergeant.

   a.  The National Archives and Records Administration (National Personnel Records Center) recently issued an NA Form 13038 to the applicant to document his military service.  However, the last grade, rank or rating recorded on the document is incorrect.

   b.  Therefore, it would be appropriate to issue a corrected NA Form 13038 to the applicant showing his correct highest/last grade of "Technical Sergeant." However, this line entry does not provide for entering the MOS title and number, therefore, there is no basis for including "Sergeant Major (502)" in this entry.

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.  adding to item 33 of his WD AGO Form 53-55 the "Army of Occupation Medal with Germany Clasp" and
   
   b.  issuing an NA Form 13038 (Certification of Military Service) showing the last grade, rank, or rating of "Technical Sergeant."


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 two battle stars and MOS 502 (Sergeant Major).  




      _______ _   _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)                                         AR20100024258



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ABCMR Record of Proceedings (cont)                                         AR20100024258



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