IN THE CASE OF:	  

		BOARD DATE:	  13 April 11

		DOCKET NUMBER:  AR20100025648 


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, through his Member of Congress, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show the:

* Battle of the Bulge Commemorative Medal
* 50th Anniversary World War II Commemorative Medal
* 60th Anniversary World War II Commemorative Medal
* Victory in Europe Medal (World War II Victory Medal)
* Belgian World War II War Service Medal (Belgian Fourragere)
* Army Commendation Medal

2.  The applicant states the list of his individual awards verified by the National Personnel Records Center is not entirely shown on his discharge document.

3.  The applicant provides:

* His WD AGO Form 53-55 and Honorable Discharge Certificate
* A letter from the National Personnel Records Center

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 his 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.  With respect to the issuance of commemorative medals, most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not shown on a discharge document.  Therefore, issues pertaining to the medals below will not be discussed further in the Record of Proceedings:

* Battle of the Bulge Commemorative Medal
* 50th Anniversary World War II Commemorative Medal
* 60th Anniversary World War II Commemorative Medal

4.  The applicant's WD AGO Form 53-55 shows he was enlisted in the Regular Army on 14 April 1940 and entered an active duty status at Bellefonte, PA, on 
13 January 1941.  This form also shows at the time of separation he held military occupational specialty 776 (Radio Operator) and he was assigned to Battery B, 190th Field Artillery.

5.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 31 August 1942 and arrived in Scotland and the European Theater of Operations (ETO) on 6 September 1942.  He departed the ETO on 13 September 1945 and arrived in CONUS on the same date.  He completed 1 year, 7 months, and 25 days of continental service and 3 years and 11 months of foreign service.  He was honorably discharged on 20 September 1945.
6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Normandy, Northern France, Rhineland, Ardennes, and Central Europe campaigns during his service in World War II.

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the Army Good Conduct Medal, American Defense Service Ribbon, and the European-African-Middle Eastern Theater Service Ribbon with 5 bronze service stars and an arrowhead.

8.  There is no indication in his reconstructed records he was awarded the Army Commendation Medal or the Belgian Fourragere.

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	c.  The Belgian Fourragere may be awarded when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic but must be by special decree of the Belgian Government.  Persons who were present in only one action are not authorized to wear the Fourragere.

	d.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred 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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 190th Field Artillery Group was awarded Germany Occupation credit during the period 2 to 20 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant served a qualifying period for award of the World War II Victory Medal which is not shown on his WD AGO Form 53-55; therefore, he is entitled to correction of his records to show this award.

2.  The available evidence shows the applicant's unit was awarded occupation credit in Germany.  Therefore, he is entitled to award of the Army of Occupation Credit with Germany Clasp and correction of his WD AGO Form 53-55 to show this medal.

3.  The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  The applicant’s sincerity and service in WWII are not in question.  However, in the absence of official orders, there is insufficient evidence to correct his WD AGO Form 53-55 to show award of Army Commendation Medal.

4.  With respect to the Belgian Fourragere, the award of the Belgian Fourragere is not automatic but must be by special decree of the Belgian Government.  There is no evidence that the applicant is authorized this award.  Therefore, it cannot be listed on his WD AG Form 53-55.

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 the Department of the Army records of the individual concerned be corrected by adding to his WD AGO Form 53-55 the World War II Victory Medal and the Army of Occupation Medal with Germany Clasp.


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 the Belgian Fourragere and the Army Commendation Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices the applicant made 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)                                         AR20100025648



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ABCMR Record of Proceedings (cont)                                         AR20100025648



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