IN THE CASE OF:	  

		BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110010089 


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 show:

* His date of birth (DOB) as "28 August 1921" vice "12 May 1921"
* The addition of the North Africa, Ardennes-Alsace, and Central Europe campaigns
* Award of the Belgian Fourragere 

2.  The applicant states he is providing a letter from the Social Security Administration that shows his correct DOB.  Since there is no record of his birth, this is the only proof he has of his DOB.  His greatest concern is being given credit for all of the battles and campaigns he participated in.

3.  The applicant provides:

* a self-authored letter, dated 7 April 2011
* his WD AGO Form 53-55 for the period ending 22 June 1945
* his Honorable Discharge Certificate, dated 22 June 1945
* an email from a former comrade
* a 24-page pamphlet entitled "A Condensed history of Hell on Wheels,
2nd Armored Division" by Major General Briard P. Johnson


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 the applicant's records were lost or destroyed in that fire.  However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he enlisted in the Regular Army on 14 August 1940.  He held military occupational specialty 405 (Clerk Typist) and he was assigned to Headquarters Company, 17th Armored Engineer Battalion.

4.  He was honorably discharged on 22 June 1945 by reason of demobilization. He completed 2 years, 3 months, and 26 days of CONUS service and 2 years, 5 months, and 17 days of foreign service.

5.  The WD AGO Form 53-55 he was issued at the time shows in:

* item 10 (DOB) the entry "12 May 1921"
* item 32 (Battles and Campaigns) he participated in the Sicily, Normandy, Northern France, and Rhineland campaigns
* item 33 (Decorations and Citations) the:

* Purple Heart
* American Defense Service Medal
* European-African-Middle Eastern Service Medal

* item 36 (Service Outside Continental United States (CONUS) and Return) he:

* departed CONUS on 12 December 1942
* arrived in the European-African-Middle Eastern Theater of Operations (EAMETO) on 24 December 1942
* departed the EAMETO on 28 May 1945
* arrived back in CONUS on 17 June 1945

6.  The applicant provides a letter from the Social Security Administration, dated 1 May 2006, wherein it shows a person with the same name as the applicant was born on "28 August 1921."

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War Ii and the Korean War.  This pamphlet shows the 17th Armored Engineer Battalion, the unit to which he was assigned during his service in the EAMETO, was cited for the:

* Presidential Unit Citation (formerly known as the Distinguished Unit Citation) for the period 22 December 1944 through 17 January 1945 by War Department General Order Number 2, dated 1946
* the Belgian Fourragere for the period 2 September 1944 and for the period 21 through 28 December 1944 by Department of the Army General Order Number 43, dated 1950

8.  Department of the Army Pamphlet 672-1 also shows that during his service with the 17th Armored Engineer Battalion, in addition to the four campaigns already shown on his WD AGO Form 53-55, this unit received participation credit for the Ardennes-Alsace and Central Europe campaigns.  There is no "North Africa" campaign listed in this pamphlet.

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the European-African-Middle Eastern Campaign Medal.  It states that a bronze service star is authorized with this award for each campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  During the applicant's service in the EAMETO, he participated in the following six campaigns:

* Sicily (9 July - 17 August 1943)
* Normandy (6 June - 24 July 1944)
* Northern France (25 July - 14 September 1944)


* Rhineland (15 September - 21 March 1945)
* Ardennes-Alsace (16 December 1944 - 25 January 1945)
* Central Europe (22 March - 11 May 1945)

10.  Army Regulation 600-8-22 states the Belgian Fourragere 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.  Only persons who were present in both actions are authorized to wear the Fourragere.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant participated in six campaigns while serving in World War II.  Therefore, he is entitled to one silver service star and one bronze service star for wear on his already-awarded European-African Middle Eastern Campaign Medal and correction of his WD AGO Form 53-55 to show these service stars and to add the two additional campaigns.

2.  The applicant also requests correction of his WD AGO Form 53-55 to show his participation in the North Africa campaign; however, there is no such campaign listed in Department of the Army Pamphlet 672-1.  Therefore, there is no basis for granting this portion of his request.

3.  General orders awarded the 17th Armored Engineer Battalion the Presidential Unit Citation and the Belgian Fourragere during his period of assignment.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show these unit awards. 

4.  With respect to correcting his WD AGO Form 53-55 to show his DOB as 28 August 1921, it appears when the applicant enlisted in the Army he listed his DOB as 12 May 1921.  This is the DOB that was placed on his WD AGO Form 53-55 when this form was prepared.  In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct.

5.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice there is a reluctance to recommend that those records be changed.  While it is understood that the applicant desires to have his correct DOB in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army’s 


records at this late date.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

6.  The applicant and all others concerned should know that the sacrifices made by the applicant in service to our Nation is greatly appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.

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.  deleting from item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal;

	b.  adding to item 32 of his WD AGO Form 53-55 the Ardennes-Alsace and Central Europe campaigns; and

	c.  adding to Item 33 of his WD AGO Form 53-55 the:

* European-African Middle Eastern Campaign Medal with one silver service star and one bronze service star
* Presidential Unit Citation
* Belgian Fourragere

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 correcting his date of birth to 


show 28 August 1921 or to add the "North Africa" campaign to his WD AGO Form 53-55.



      ____________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)                                         AR20110010089



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ABCMR Record of Proceedings (cont)                                         AR20110010089



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