IN THE CASE OF:
BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110013203
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 item 32 (Battles and Campaigns) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show he participated in "Operation Market Garden" during World War II.
2. The applicant states he was not given credit for "Operation Market Garden."
3. The applicant provides:
* Letter, dated 6 April 2011, from the National Personnel Records Center in St. Louis, MO
* Information on "Operation Market Garden"
* WD AGO Form 53-55
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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. He was inducted into the Army of the United States on 6 September 1943 and he entered active duty on 27 September 1943. He served in the European Theater of Operations from 21 May 1944 to 13 December 1945 and he was honorably discharged on 3 January 1946.
4. Item 32 of his WD AGO Form 53-55 shows he participated in the Normandy, Ardennes, Rhineland, and Central Europe campaigns.
5. He provided documentation which states "Operation Market Garden" (17-25 September 1944) was an allied military operation fought in the Netherlands and Germany during World War II whose strategic context required the seizure of bridges across the Meuse River and two arms of the Rhine River. It was the largest airborne operation up to that time.
6. Army Regulation 600-8-22 (Military Awards) does not show Operation Market Garden as an authorized campaign during World War II.
DISCUSSION AND CONCLUSIONS:
1. He contends he was not given credit for "Operation Market Garden."
2. Although item 32 is labeled "Battles and Campaigns," only campaigns are noted in this item on the WD AGO Form 53-55. "Operation Market Garden" occurred during the Rhineland Campaign, which is properly shown in item 32.
3. Since Operation Market Garden is not an authorized campaign, regrettably, there is no basis for granting the applicants request to amend item 32 of his WD AGO Form 53-55.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him 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) AR20110013203
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ABCMR Record of Proceedings (cont) AR20110013203
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