IN THE CASE OF:	  

		BOARD DATE:	    15 May 2012

		DOCKET NUMBER:  AR20110023472 


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 add a bronze arrowhead device for an assault landing.

2.  The applicant states:

* he landed on King's Beach with his battery on 6-7 June 1944
* his name was inadvertently left off the list of Battery B personnel who landed on Normandy Beach on D-Day that was submitted to the 987th Field Artillery (FA) Headquarters Battery

3.  The applicant provides:

* WD AGO Form 53-55
* letter to the National Personnel Records Center (NPRC), dated 14 February 2007
* letter from his section chief at the time in question, dated 22 January 2007
* letter from NPRC, dated 11 November 2011

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 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.  His WD AGO Form 53-55 shows:

* he was inducted into the Army of the United States on 21 July 1943
* he entered active duty on 11 August 1943
* he served in the European theater of operations from 22 March 1944 to 10 August 1945
* his organization was Battery B, 987th FA Battalion
* he participated in the Normandy, Northern France, Ardennes, Rhineland, and Central Europe campaigns
* he was honorably discharged on 5 November 1945

4.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows:

* two service bars
* European-African-Middle Eastern (EAME) Campaign Medal with one silver service star
* Army Good Conduct Medal
* World War II Victory Medal

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows awards and citations authorized for units that served during World War II.  This pamphlet shows the 987th FA Battalion was cited for:

* an assault landing in Normandy on 6-7 June 1944 by War Department General Orders Number 70, dated 1945
* a Citation in the Order of the Day of the Belgian Army for actions during the period 20-29 January 1945 by Department of the Army General Orders Number 43, dated 1950
* occupation credit for Germany for the period 2-20 May 1945

6.  He provides a statement from his section chief at the time in question, dated 22 January 2007, who attests:

* the 987th FA Battalion landed on D-Day (6-7 June 1944) on King's Beach with the British
* the applicant was in Battery B of the 987th FA Battalion when they landed
* the applicant's name was inadvertently left of the list making him ineligible to receive the arrowhead device due him
* the applicant served with his unit and his section during the war and he feels the applicant should have the arrowhead device
* the applicant was a very dedicated Soldier

7.  Army Regulation 600-8-22 (Military Awards) states the arrowhead device will be worn 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 device is authorized for wear on the EAME Campaign Medal.

8.  Army Regulation 600-8-22 states that for award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.  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.

9.  Army Regulation 600-8-22 provides for award of the Belgian Fourragere.  The Belgian Fourragere may be awarded 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.  Persons who were present in only one action are not authorized to wear the Fourragere.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he landed on Normandy Beach with his battery on 
6-7 June 1944.

2.  The evidence shows he was assigned to the 987th FA Battalion during his assignment in the European theater of operations and he participated in the Normandy campaign.

3.  Department of the Army Pamphlet 672-1 shows the 987th FA Battalion was cited for an assault landing on 6-7 June 1944 in Normandy.

4.  Based on the foregoing, the statement provided by the applicant's section chief which states he was a member of the 987th FA Battalion when they landed on Normandy on 6-7 June 1944 is accepted as sufficient evidence on which to base adding the bronze arrowhead device to his EAME Campaign Medal.

5.  His unit received occupation credit for Germany which entitles him to award of the Army of Occupation Medal with Germany Clasp.  His WD AGO Form 53-55 should be corrected to show this medal.

6.  The applicant's unit was cited once for award of the Citation in the Order of the Day of the Belgian Army.  Although he would not have been authorized to wear a ribbon, fourragere, medal, or other device based on a one-time citation, an entry should be made on his WD AGO Form 53-55 to show this citation.

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.  adding award of the Army of Occupation Medal with Germany Clasp and one arrowhead device for wear on his already-awarded EAME Campaign Medal with one silver service star to his WD AGO Form 53-55 and

	b.  adding the entry "Citation in the Order of the Day of the Belgian Army – Unit Citation – No Emblem Authorized " to the remarks section 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)                                         AR20110023472



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ABCMR Record of Proceedings (cont)                                         AR20110023472



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