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ARMY | BCMR | CY2011 | 20110009876
Original file (20110009876.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110009876 


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 Honorable Discharge) to reflect his participation in the Ardennes-Alsace campaign.

2.  The applicant states his discharge document reflects participation in five campaigns but lists only four.  He states he was a medical driver responsible for transporting surgical teams and equipment to the front when there was an attack or counter-attack and he took many teams to the Battle of the Bulge.  He also states the Germans were shooting at him and the surgical teams in his weapons carrier like shooting fish in a barrel.  He states he is providing copies of separation documents from two of his friends who were credited with the participation in the Ardennes-Alsace campaign and who were there with him.

3.  The applicant provides copies of his separation documents and copies of two others which show participation in the Ardennes-Alsace campaign.

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 22 January 1943.  He entered active duty at New Cumberland, Pennsylvania, on 29 January 1943.  He completed training as a surgical technician and departed for Scotland on 1 June 1943.  He arrived in Scotland on 7 June 1943 and was assigned to the 3d Auxiliary Surgical Group.

4.  He departed the European theater of operations on 6 November 1945 and arrived in the continental United States on 13 November 1945.  He was transferred to the Indiantown Gap Military Reservation, Pennsylvania, where he was honorably discharged in the rank of private first class.

5.  His WD AGO Form 53-55 issued at the time of his discharge shows he was awarded the Army Good Conduct Medal, Meritorious Unit Commendation, European-African-Middle Eastern Campaign Medal with five bronze service stars, and World War II Victory Medal.  However, it only lists participation in the Normandy, Northern France, Rhineland, and Central Europe campaigns (four campaigns).

6.  Department of the Army Pamphlet  672-1 (Unit Citation and Campaign Participation Credit Register) shows participation credit was awarded to the 
3d Auxiliary Surgical Group for the Ardennes-Alsace campaign for the period 16 December 1944-25 January 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his participation in the Ardennes-Alsace campaign was omitted from his WD AGO Form 53-55 has been noted and appears to have merit.

2.  The applicant was assigned to the 3d Auxiliary Surgical Group during the period the unit was awarded campaign credit for participation in the Ardennes-Alsace campaign.  However, at the time of his discharge that campaign was not reflected on his WD AGO Form 53-55.

3.  Therefore, it is reasonable to presume that the error was simply an administrative oversight and it should be corrected by adding the Ardennes-Alsace campaign to his WD AGO Form 53-55 at this time.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the applicant's participation in the Ardennes-Alsace campaign to his WD AGO Form 53-55.

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during World War II are deeply 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)                                         AR20110009876



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110009876



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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