IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110005990
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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) for the period ending 1 December 1945 be corrected to show award of the Army of Occupation Medal with Germany Clasp.
2. The applicant states, in effect, that the above award was omitted from his WD AGO Form 53-55.
3. He provides:
* his WD AGO Form 53-55
* his Army of the United States Honorable Discharge Certificate, dated 1 December 1945
* several news articles featuring the 32nd Armored Regiment
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 applicants 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 applicants 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 that the applicant's records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55 and an Army of the United States Honorable Discharge Certificate.
3. The applicant's WD AGO Form 53-55 for the period ending 1 December 1945 shows he was inducted on 26 January 1943 and entered active service on 2 February 1943. He arrived in the European Theater of Operations (ETO) on 20 December 1943. He departed the ETO on 15 November 1945. His unit of assignment is shown as Headquarters Company, 3rd Battalion, 32nd Armored Regiment, 3rd Armored Division.
4. On 1 December 1945, the applicant was honorably discharged.
5. Item 31 of his WD AGO Form 53-55 shows he was awarded the Expert Marksmanship Qualification Badge (Carbine). Item 32 (Battles and Campaigns) shows he participated in the Normandy, Northern France, Ardennes, Central Europe, and the Rhineland campaigns. Item 33 (Decorations and Citations) shows he was awarded the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with one silver service star, World War II Victory Medal, and the Distinguished Unit Badge [the Distinguished Unit Citation].
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II. This document shows the 32nd Armored Regiment, 3rd Armored Division was awarded the Army of Occupation Medal with Germany Clasp for the period 2 May through 31 October 1945.
7. Department of the Army Pamphlet 672-1 shows that the 32nd Armor Regiment, 3rd Armored Division was cited twice for the Belgian Fourragere, for the period 3 through 13 September 1945 and on 20 December 1945, by Headquarters, Department of the Army, General Orders Number 43, dated 1950.
8. Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere. This regulation states that it may be awarded by the Belgian Government 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.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant was assigned to the 32nd Armor Regiment, 3rd Armored Division during a period of time the unit was awarded the Army of Occupation Medal with Germany Clasp. He also meets the eligibility criteria for the Belgian Fourragere. Therefore, his WD AGO Form 53-55 should be amended to reflect these awards.
BOARD VOTE:
___X____ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to add the Army of Occupation Medal with Germany Clasp and the Belgian Fourragere.
2. The Board wants the applicant and all others concerned to know that the sacrifices made by the applicant in service to our Nation are greatly appreciated. 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) AR20110005990
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ABCMR Record of Proceedings (cont) AR20110005990
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