BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110020947 


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:

* change item 6 (Organization) from "Company A, 159th Infantry" to "Cannon Company, 142nd Infantry Regiment, 36th Infantry Division"
* add the following awards, battles, or campaigns:

* one arrowhead device
* Salerno
* Anzio
* Bulge (i.e., Ardennes-Alsace)

2.  The applicant states, in effect, he was not in "Company A, 159th Infantry"; he was in "Cannon Company, 142nd Infantry Regiment, 36th Infantry Division" from 9 September 1943 to 1 September 1945.  Additionally, he participated in the 
D-Day Salerno landing on 9 September 1943, entitling him to a second arrowhead device.  He also participated in the Anzio and the Battle of the Bulge campaigns.

3.  The applicant provides copies of:

* Certificate of Naturalization, dated 23 June 1943
* an envelope, dated 20 October 1944
* shoulder flags


* battle accounts of operation, dated 1 January 1945
* Cannon Company, 142nd Infantry Regiment, guard duty roster, dated 6 September 1945
* Cannon Company, 142nd Infantry Regiment, 36th Division, unit roster
* enemy equipment certificate, dated 17 September 1945
* 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 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 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 to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant's WD AGO 
Form 53-55.

3.  His available records show he was inducted into the Army of the United States in Utica, NY, on 28 September 1942 and he entered active duty on 17 October 1942.  He held military occupational specialty 645 (Fire Control Instrument Operator, Field Artillery).

4.  He provides a copy of an envelope that was mailed to Massena, NY, on 20 October 1944 showing his address as Cannon Company, 142nd Infantry.

5.  He provides a copy of a guard duty roster, dated 6 September 1945.  This roster lists his name and shows he was assigned to Cannon Company, 142nd Infantry Regiment.

6.  He provides a unit roster for Cannon Company, 142nd Infantry Regiment, 36th Infantry Division.  This roster shows he was assigned from 9 September 1943 to 1 September 1945.

7.  He was honorably discharged on 8 November 1945.  His WD AGO 
Form 53-55 shows he was credited with serving 3 years, 1 month, and 11 days of active duty, of which 2 years, 4 months, and 28 days were credited as foreign service.  His WD AGO Form 53-55 shows in:

* item 6 – "Company A, 159th Infantry"
* item 31 (Military Qualifications and Date) – Combat Infantryman Badge issued by the 142nd Infantry on 16 July 1944 and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* item 32 (Battles and Campaigns) – Central Europe, Naples-Foggia, Rhineland, Rome-Arno, and Southern France
* item 33 (Decorations and Citations) – European-African-Middle Eastern Campaign Medal with Arrowhead Device and Army Good Conduct Medal
* item 36 (Foreign Service) –

* he departed the continental United States (CONUS) on 6 June 1943 and arrived in the Mediterranean theater of operations (MTO) on 13 June 1943
* he departed the MTO on 13 August 1944 and arrived in the European theater of operations (ETO) on 15 August 1944
* he departed the ETO on 24 October 1945 and arrived in CONUS on 3 November 1945

8.  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 Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This pamphlet shows his unit of assignment:

	a.  received the following unit awards:

* French Croix de Guerre for the period 24 November 1944-2 December 1944, by Department of the Army General Orders (DAGO) Number 43, dated 1950
* Distinguished Unit Citation (now known as the Presidential Unit Citation) for the period 19 March 1945-22 March 1945, by War Department General Orders (WDGO) Number 37, dated 1946



	b.  received credit for the following seven campaigns:

* Anzio – 22 January 1944-24 May 1944
* Ardennes-Alsace – 16 December 1944-25 January 1945
* Central Europe – 22 March 1945-11 May 1945
* Naples-Foggia – 9 September 1943-21 January 1944
* Rhineland – 15 September 1944-21 March 1945
* Rome-Arno – 22 January 1944-9 September 1944
* Southern France – 15 August 1944-14 September 1944

	c.  received credit for the following two assault landings:

* Salerno for the period 9 September 1943-10 September 1943 by DAGO Number 37, dated 1950
* Southern France for the period 15 August 1944-16 August 1944 by WDGO Number 70, dated 1945

	d.  was awarded the Army of Occupation Medal with Germany Clasp for the period 2 May 1945-31 October 1945.

9.  According to the U.S. Army Center of Military History, the Battle of the Bulge took place from 16 December 1944 to 25 January 1945.  There are several American names for this battle.  The first is the Battle of the Bulge and the second name, as militarily defined, is the Ardennes Counteroffensive.  Following the war, the U.S. Army issued a campaign citation for its units fighting in Northwest Europe at the time called the Ardennes-Alsace campaign.  Additionally, the assault landing at Salerno beach occurred during the Naples-Foggia campaign and is considered to be part of that campaign.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  This regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed in item 32 of the WD AGO Form 53-55.  A silver service star is authorized in lieu of five bronze service stars.

	b.  The arrowhead device is authorized for wear on the European-African-Middle Eastern Campaign 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.  Only one arrowhead device will be worn on any ribbon.

	c.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	d.  The Army of Occupation Medal with Germany Clasp is authorized for qualifying service that occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

	e.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11.  Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service.  It stated that all entries on the WD AGO Form 53-55 apply only to the current period of active duty.  For item 6 of the WD AGO Form 53-55, enter the last unit or similar element to which the Soldier was assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows the 142nd Infantry Regiment awarded him the Combat Infantryman Badge and he provided a copy of the Cannon Company, 142nd Infantry Regiment, 36th Infantry Division, unit roster which lists his name and shows he was assigned to this unit from 9 September 1943 to 1 September 1945.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this unit.

2.  The evidence of record shows he was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.

3.  The unit he served with during World War II was credited with participation credit for seven campaigns during his period of assignment.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show one silver service star and two bronze service stars to be affixed to his previously-awarded European-African-Middle Eastern Campaign Medal.

4.  Item 32 of his WD AGO Form 53-55 only lists five campaigns; however, he and his unit participated in seven campaigns.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to add the Anzio and Ardennes-Alsace campaigns.

5.  The evidence of record shows his unit was awarded the Army of Occupation Medal with Germany Clasp.  Therefore he is entitled to correction of his WD AGO Form 53-55 to show this medal.

6.  The evidence of record shows his unit was awarded the French Croix de Guerre and Presidential Unit Citation.  Therefore he is entitled to correction of his WD AGO Form 53-55 to show these unit awards.

7.  He served a qualifying period of service for award of the World War II Victory Medal; therefore, he is entitled to correction of his WD AGO Form 53-55 to show this medal.

8.  With respect to the arrowhead device:

	a.  The evidence of record shows his unit was credited with two assault landings and the arrowhead device is authorized for wear on the European-African-Middle Eastern Campaign Medal to denote participation in assault landings.  However, by regulation, only one arrowhead device is authorized for wear on the ribbon.  Additionally, his WD AGO Form 53-55 already lists the arrowhead device; therefore, there is no reason to correct this entry.

	b.  The evidence shows his unit was credited with two assault landings, the first at Salerno which is part of the Naples-Foggia campaign and the second in Southern France.  Unfortunately, there is no provision for adding assault landings to the WD AGO Form 53-55, they are identified by awarding an arrowhead device.   The assault landings are considered part of the overarching campaigns.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x___  ____x____  __x ____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge
* deleting from item 6 of his WD AGO Form 53-55 – "Company A, 159th Infantry"
* adding the following to his WD AGO Form 53-55 –

* to item 6 – Cannon Company, 142nd Infantry Regiment, 36th Infantry Division
* to item 32 – Anzio and Ardennes-Alsace
* to item 33 –

* Bronze Star Medal
* one silver service star and two bronze service stars to be affixed to his previously-awarded European-African-Middle Eastern Campaign Medal with Arrowhead Device
* Army of Occupation Medal with Germany Clasp
* World War II Victory Medal
* Presidential Unit Citation 

* to item 55 (Remarks) – French Croix de Guerre – Unit Citation – No Emblem Authorized

2.  The Board further determined 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 awarding a second arrowhead device and adding the assault landing at Salerno 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)                                         AR20110020947



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ABCMR Record of Proceedings (cont)                                         AR20110020947



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