IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20110022193
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, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show participation credit for the Ardennes-Alsace campaign.
2. The applicant states battle credit was awarded to the FSM's unit after he was discharged and as a result it is not shown on his discharge document.
3. The applicant provides copies of the FSM's WD AGO Form 53-55, Report of Physical Examination and Induction, and a Non-Battle Casualty Record.
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 FSM's 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 his records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant.
3. The FSM's WD AGO Form 53-55 shows he:
a. Was inducted into the Army of the United States and entered active duty on 17 April 1944.
b. Was assigned to the 290th Engineer Battalion and arrived in the European Theater of Operations on 4 November 1944. He arrived back in the continental United States on 2 August 1945.
c. Participated in the Rhineland and Central Europe campaigns and was awarded the European-African-Middle-Eastern (EAME) Campaign Medal with two bronze service stars, Army Good Conduct Medal, World War II (WWII) Victory Medal and Marksman Marksmanship Qualification Badge with Rifle Bar.
d. Was honorably discharged on 17 December 1945.
4. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and of campaign participation credits for WWII. This pamphlet shows the 290th Combat Engineer Battalion was credited with participating in the following campaigns during WWII:
* Ardennes-Alsace (16 December 1944-25 January 1945)
* Central Europe (22 March-11 May 1945)
* Rhineland (15 September 1944-21 March 1945)
5. Department of the Army Pamphlet 672-1 also shows the 290th Combat Engineer Battalion received occupation credit for Germany for the period 2 May-31 October 1945.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955. The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. Service between 9 May 1945 and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945.
b. A bronze service star is authorized with the EAME Campaign Medal based on qualifying service for each campaign listed in appendix B or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.
DISCUSSION AND CONCLUSIONS:
1. The FSM was awarded the EAME Campaign Medal with two bronze service stars; however, Department of the Army Pamphlet 672-1 shows his unit of assignment during WWII was credited with participating in three campaigns while he was assigned to that unit. Therefore, the FSM's WD AGO Form 53-55 should be corrected to show the Ardennes-Alsace campaign and EAME Campaign Medal with three bronze service stars.
2. The evidence further shows the FSM's unit of assignment during WWII received occupation credit for Germany during his period of assignment to that unit. Therefore, his WD AGO Form 53-55 should be corrected to show the Army of Occupation Medal with Germany Clasp.
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 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:
a. deleting the EAME Campaign Medal with two bronze service stars from item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55;
b. adding the Ardennes-Alsace campaign to item 32; and
c. adding the EAME Campaign Medal with three bronze service stars and Army of Occupation Medal with Germany Clasp to item 33 of the FSM's 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) AR20110022193
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ABCMR Record of Proceedings (cont) AR20110022193
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