IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120000836 


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 the Ardennes-Alsace campaign and the European-African-Middle Eastern (EAME) Campaign Medal with three bronze service stars.

2.  The applicant states:

* a third bronze service star should be added to his EAME Campaign Medal
* Army records were corrected after his discharge
* He was present and active for all days of the 12th Armored Division’s combat duty

3.  The applicant provides: 

* WD AGO Form 53-55
* Honorable Discharge Certificate
* Extract of "Hellcat News," published by the 12th Armored Division Association, dated April 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 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.  The applicant was inducted into the Army of the United States on 15 June 1943.  He entered active service on 29 June 1943.  He served in the European Theater of Operations (ETO) from 2 October 1944 to 3 April 1946 and he was honorably discharged on 21 April 1946.

4.  His WD AGO Form 53-55 shows in:

* Item 6 (Organization) he was assigned to the 17th Armored Infantry Battalion (unit attached to the 12th Armored Division)
* Item 31 (Military Qualification and Date) the Combat Infantryman Badge (awarded on 2 February 1945)
* Item 32 (Battles and Campaigns) he participated in the Central Europe and Rhineland campaigns
* Item 33 (Decorations and Citations) the:

* EAME
* Army Good Conduct Medal
* World War II Victory Medal
* American Campaign Medal

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows awards and citations authorized for units that served during World War II.  This pamphlet shows the 12th Armored Division participated in three campaigns (Ardennes-Alsace, Central Europe, and Rhineland) during World War II.  It further shows the applicant's unit received occupation credit for Germany for the period 2 May – 31 October 1945.


6.  He provided the "Hellcat News," dated April 2011, that shows the
12th Armored Division participated in the Rhineland, Ardennes-Alsace, and Central Europe campaigns during World War II.

7.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.

8.  Army Regulation 600-8-22 states 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.

9.  Army Regulation 600-8-22 provides that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant WD AGO Form 53-33 shows he participated in the Rhineland and Central Europe campaigns.  However, records show the 12th Armored Division participated in three campaigns during World War II.  It is conceivable the applicant participated in the Ardennes-Alsace campaign during the period
16 December 1944 - 25 January 1945.  Therefore, it would be appropriate to correct item 32 and item 33 of the applicant's WD AGO Form 53-55 accordingly.

2.  Based on the applicant’s award of the Combat Infantryman Badge, he is also entitled to the Bronze Star Medal.  Therefore, he should be awarded the Bronze Star Medal for service on 2 February 1945 and his WD AGO Form 53-55 should be corrected to show this award.

3.  His unit received occupation credit for Germany during his period of service in the ETO.  Therefore, he is entitled to the Army of Occupation Medal with Germany Clasp and correction of his WD AGO Form 53-55 to show this award.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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 from item 33 of his WD AGO Form 53-55 the "European-African-Middle Eastern Campaign Medal";

	b.  awarding him the Bronze Star Medal effective 2 February 1945 based on award of the Combat Infantryman Badge;

	c.  adding the "Ardennes-Alsace" campaign to item 32 of his WD AGO Form 53-55; and

	d.  adding to item 33 of his WD AGO Form 53-55 the:

* Bronze Star Medal
* European-African-Middle Eastern Campaign Medal with three bronze service stars
* Army of Occupation Medal with Germany Clasp



      ____________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)                                         AR20120000836



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ABCMR Record of Proceedings (cont)                                         AR20120000836



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