IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110011724 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show:

* only Normandy in item 32 (Battles and Campaigns)
* he was assigned to the 29th Infantry Division, 115th Regiment, 2nd Battalion, Company H
* show the Arrowhead device for his participation in the D-Day morning assault waves at Omaha Beach
* his prisoner of war (POW) status in Germany
* the POW Medal

2.  The applicant states he was not in the Northern France, Central Europe or Ardennes campaigns.  He states his WD AGO Form 53-55 does not show that he was a member of the 29th Infantry Division, 115th Regiment, 2nd Battalion, Company H; that he participated in the D-Day morning assault waves at Omaha Beach; or that he was captured by the Germans and was held in a POW status.

3.  The applicant provides his WD AGO Form 53-55, WD AGO Form 100 (Separation Qualification Record), and a statement from his twin brother through his elected representative.

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

3.  The available evidence shows he was inducted into the Army on 21 June 1943 and entered active service on 5 July 1943.  He was awarded military occupational specialty number 1607 (Heavy Mortar Crewman) and the highest rank he held during his tenure of service was private first class.

4.  His WD AGO Form 53-55 shows he arrived in the European Theater of Operations on 8 January 1944 and was credited with participation in the Normandy, Northern France, Central Europe, and Ardennes campaigns.  This form shows he returned to the United States on 20 May 1945.

5.  His WD AGO Form 53-55 shows he was honorably discharged on 22 November 1945 after completing 2 years, 4 months, and 18 days of active service.

6.  Item 6 (Organization) of his WD AGO Form 53-55 lists his last unit of assignment as Company H, 115th Infantry.

7.  Item 33 (Decorations and Citations) of this form shows the European-African-Middle Eastern (EAME) Theater Ribbon (now known as EAME Campaign Medal) with four bronze service stars, American Theater Ribbon, Good Conduct Ribbon, and World War II Victory Medal.

8.  A WD Form 372A (Final Payment - Work Sheet) shows he was honorably discharged in accordance with WD Circular 339 by reason of being a POW for 60 or more days.
9.  A search of the World War II Data File of American POWs from 1941-1945 revealed his name as being a POW during the period 10 June 1944 to 12 May 1945.

10.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in World War II.  The 115th Infantry Regiment, 29th Infantry Division, was:

	a.  cited for award of the Distinguished Unit Citation (now known as the Presidential Unit Citation) by War Department General Orders (WDGO) 14, dated 1945, for actions on 6 June 1944;

	b.  given assault landing credit by WDGO 70, dated 1945, for actions at Normandy on 6-7 June 1944; and

	c.  bestowed the French Croix de Guerre by DAGO 43, dated 1950, for actions at Normandy on 6 June 1944.

11.  DA Pamphlet 672-1 lists the campaigns and dates for which units were credited with participation during World War II.  During the applicant's tour in Europe the 115th Infantry Regiment, 29th Infantry Division, was credited with participation in the following campaigns:

* Normandy (6 June-24 July 1944)
* Northern France (25 July-14 September 1944)
* Rhineland (15 September 1944-21 March 1945)
* Central Europe (22 March-11 May 1945)

12.  Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

13.  The applicant provided a letter from his twin brother wherein his brother stated that he and the applicant served in World War II as combat infantry Soldiers in the 29th Infantry Division which made the D-Day landing on Omaha Beach in Normandy, France, on 6 June 1944.  He stated that he served in the 175th Regiment and the applicant served in the 115th Regiment, 2d Battalion, Company H.  He stated in June 1944 he went to the applicant's battalion looking for him and was told that most of his battalion was wiped out the night before and the applicant was missing in action.  Later the applicant was listed as a POW.  He stated that subsequently the applicant's POW camp was captured by American troops and the applicant was released.  He added that after the applicant was returned to the States he was assigned to the same unit as he was.  His brother continued by stating the purpose of his writing this letter was to correct the applicant's discharge document which states the applicant was in the "Battle of the Bulge."  He stated that this could not have been because the applicant was a POW at the time from 10 June 1944 until May of 1945.

14.  Army Regulation 600-8-22 (Military Awards) states the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.  Past conflict in this instance means only World War I, World War II, the Korean War and the Vietnam War.  Hostages of terrorists and persons held by governments with which the United States is not engaged in armed conflict are not eligible.

15.  Army Regulation 600-8-22 states for wear of the "arrowhead" on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the EAME Campaign Medal.

16.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II.  Essentially, this guidance states that there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre.  Thus, former members of any American units which appear in DA Pamphlet 
672-1 are not authorized an individual device.

17.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing discharge documents.  It directs that, in the case of prisoners of war, the unit of assignment, country, and dates of capture and release will be entered in the "Remarks" section of the discharge document.

18.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides in paragraph 24, that for item 6 (Organization) of the WD AGO Form 53-55, "Enter the last unit, or similar element to which he was assigned."
DISCUSSION AND CONCLUSIONS:

1.  His WD AGO 53-55 lists his organization as Company H, 115th Infantry.  The applicant and his twin brother contend he was assigned to the 29th Infantry Division, 115th Regiment, 2nd Battalion, Company H.  DA Pamphlet 672-1 shows the 115th Infantry Regiment as part of the 29th Infantry Division.  Based on this it would be reasonable to accept his unit of assignment as Company H, 2nd Battalion, 115th Regiment, 29th Infantry Division, and that the full unit name was not entered in item 6 of his WD AGO 53-55.  As such it would be appropriate to change the entry in item 6 to read Company H, 2nd Battalion, 115th Regiment, 29th Infantry Division.

2.  A WD Form 372A indicated the applicant was a POW for 60 or more days and an entry was found in the World War II Data File of American POWs from 1941-1945 indicating he was a POW during the period 10 June 1944 to 12 May 1945.  As such, he is entitled to correction of his records to show award of the POW Medal and correction of item 55 (Remarks) of his WD AGO Form 53-55 to show "Prisoner of War; Company H, 2nd Battalion, 115th Regiment, 29th Infantry Division; Germany; 10 June 1944-12 May 1945." 

3.  General orders awarded the 115th Infantry Regiment, 29th Infantry Division the Presidential Unit Citation for actions on 6 June 1944.  As such, it would be appropriate to add this unit award to his WD AGO Form 53-55.

4.  General orders awarded his unit the French Croix de Guerre.  Therefore, it would be appropriate to correct item 55 on his WD AGO Form 53-55 to show the entry, "French Croix de Guerre - Unit Citation - No Emblem Authorized."

5.  The applicant's WD AGO Form 53-55 shows he was awarded the EAME Campaign Medal.  This form shows he was credited with participation in the Normandy, Northern France, Central Europe, and Ardennes campaigns.  The 115th Infantry Regiment, 29th Infantry Division, was credited with participation in the Normandy, Northern France, Rhineland, and Central Europe campaigns during the period the applicant was in Europe.  Evidence shows he was a POW during all of these campaigns except Normandy.  The unit was not credited with participation in the Ardennes campaign.  As such, based on his request to have the Northern France, Central Europe and Ardennes campaigns removed from his WD AGO 53-55, it would be appropriate to remove these three entries from this form and amend the entry "EAME Theater Ribbon w/4 Bz Stars" in item 33 of his WD AGO Form 53-55 to read "EAME Campaign Medal with one bronze service star."

6.  General orders awarded the 115th Infantry Regiment, 29th Infantry Division, assault landing credit for 6 June 1944.  Corroborating evidence indicates the applicant served in the unit on this date and the applicant and his twin brother assert he was assigned to the 29th Infantry Division, 115th Regiment, 2nd Battalion, Company H, and that he participated in the D-Day morning assault waves at Omaha Beach.  Based on this information, it is accepted that he physically exited the watercraft during the assault.  As such, it would be appropriate for the Arrowhead device to be affixed to his already-awarded EAME Campaign Medal with bronze service star.  Therefore, it would be appropriate to correct his WD AGO 53-55 to show this appurtenance.

7.  In view of the foregoing, it would be appropriate to correct the applicant's records as shown below. 
BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

	a.  deleting Northern France, Central Europe and Ardennes, from item 32 of his WD AGO Form 53-55;

	b.  deleting "EAME Theater Ribbon w/4 Bz Stars" from item 33 of his WD AGO Form 53-55;

   c.  adding the Presidential Unit Citation and EAME Campaign Medal with Arrowhead device and one bronze service star to item 33 of his WD AGO Form 
53-55;
   
   d.  adding "Prisoner of War, Company H, 2nd Battalion, 115th Regiment, 29th Infantry Division, Germany, 10 June 1944-12 May 1945" to item 55 of his WD AGO Form 53-55; and
   e.  adding the entry, "French Croix de Guerre - Unit Citation - No Emblem Authorized" to item 55 of 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)                                         AR20110011724



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ABCMR Record of Proceedings (cont)                                         AR20110011724



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