IN THE CASE OF:	  

		BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120005211 


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 to his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show:

* Presidential Unit Citation
* American Campaign Medal
* Army of Occupation Medal
* 5th Army Unit Commendation
* Combat Infantryman Badge

2.  The applicant states that he served in the units cited and participated in the campaigns cited in Darby's Ranger Battalions.

3.  The applicant provides:

* WD AGO Form 100 (Separation Qualification Record)
* WD AGO Form 53-55 and Honorable Discharge Certificate
* His account of his service between May and November 1945
* Articles on the Ranger Forces - Darby's Rangers in World War II
* Information for award of the American Campaign Medal, Army of Occupation Medal, and the Bronze Star Medal
* Requirements for award of the Combat Infantryman Badge




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 the applicant’s records were destroyed in that fire.  However, a reconstructed record contains sufficient documentation and the documents provided by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  His available record shows he enlisted in the Army of the United States and entered active service on 2 December 1942.  He completed training and was awarded the military occupational specialty of squad leader.  

4.  He was honorably discharged from active service, in the rank of sergeant, on 28 November 1945, for the convenience of the Government at demobilization. 

5.  Item 6 (Organization) of his WD AGO Form 53-55 lists Company B, 4th Ranger Battalion.  Item 31 (Military Qualification and Date) of this form lists the Sharpshooter Marksmanship Qualification Badge with Carbine Bar. 

6.  Item 32 (Battle and Campaigns) of his WD AGO Form 53-55 shows he participated in the Naples-Foggia, Sicily, and Rome-Arno campaigns.

7.  Item 33 (Decorations and Citations) of this form lists the:

* Good Conduct Medal
* European-African-Middle Eastern (EAME) Campaign Medal with 3 bronze service stars and 1 arrowhead
* World War II Victory Medal

8.  Item 36 (Service Outside Continental U.S. and Return) of his WD AGO Form 53-55 lists the European Theater of Operations from 24 May 1943 to 5 November 1945.

9.  Item 37 (Total Length of Service) of this form shows he completed 4 months and 29 days of continental service and 2 years, 6 months, and 27 days of foreign service.  

10.  There are no orders in his available service personnel records that show he was awarded the Combat Infantryman Badge or the Bronze Star Medal.

11.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

12.  Army Regulation 600-8-22 also states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

13.  Army Regulation 600-8-22 further 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. 

14.  Army Regulation 600-8-22 also 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

15.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, does not show his unit, the 4th Ranger Battalion, was cited for the Presidential Unit Citation or was awarded occupation credit during his period of service. 

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant's unit was awarded the Presidential Unit Citation or occupation credit during his period of service.  Therefore, he is not entitled to these awards and their addition to his separation document.

2.  The available evidence does not show the applicant completed a qualifying period of service for the American Campaign Medal.  Therefore, he is not entitled to this award and addition of this award to his WD AGO Form 53-55.

3.  There is also no available evidence to show he was assigned to the 5th Army during his period of service.  In any case, the 5th Army Unit Commendation is not an award recognized by Army Regulation 600-8-22.

4.  The evidence of record does not show he was awarded the Combat Infantryman Badge.  Therefore, he is not eligible for award of the Bronze Star Medal based on award of the Combat Infantryman Badge for his service during World War II and addition of the award to his separation document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

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.



      _______ _   _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)                                         AR20120005211



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ABCMR Record of Proceedings (cont)                                         AR20120005211



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