IN THE CASE OF:	  

		BOARD DATE:  9 October 2012

		DOCKET NUMBER:  AR20120007071 


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) to show:  

* his unit of assignment as the 821st Tank Destroyer Battalion instead of the 75th Quartermaster Company
* his combat service
* five bronze service stars

2.  The applicant states his unit of assignment in Germany was the 821st Tank Destroyer Battalion.  He served with this unit during the Normandy invasion in support of the 29th Infantry Division and the 2nd Armored Division.  He came back with the 75th Quartermaster Company.  He adds that his discharge document does not list his combat service or his five stars. 

3.  The applicant provides his 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 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 lost or destroyed in this 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's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 7 January 1943 and entered active duty in Phoenix, AZ, on 15 January 1943.  This form also shows that at the time of separation, the applicant held military occupational specialty 931 (Heavy Truck Driver).

4.  His WD AGO Form 53-55 also shows he departed the continental United States (CONUS) on 7 April 1944 and arrived in the European Theater of Operations (ETO) on 17 April 1944.  He departed the ETO on 7 November 1945 and arrived back in CONUS on 18 November 1945.  He completed 1 year, 3 months, and 7 days of continental service and 1 year, 7 months, and 12 days of foreign-service.  

5.  He was honorably separated on 26 November 1945.  He was also issued an Honorable Discharge Certificate on this date that shows he was honorably separated in the rank of Technician Fifth Class and that he was assigned to the 75th Quartermaster Company.

6.  Item 6 (Organization) of his WD AGO Form 53-55 shows the entry "75th QM CO" indicating at the time of his discharge he was assigned to the 75th Quartermaster Company.

7.  Item 31 (Military Qualifications and Date (i.e. infantry, aviation, and marksmanship badges, etc.)) of his WD AGO Form 53-55 shows he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar.

8.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Normandy, Northern France, Rhineland, and Central Europe campaigns during his service in World War II (WWII).


9.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the:

* American Theater Ribbon
* European-African-Middle Eastern Theater Ribbon
* Good Conduct Medal
* WWII Victory Medal

10.  There are no assignment, reassignment, or attachment orders in his reconstructed record which confirm his assignment/attachment to the 821st Tank Destroyer Battalion.

11.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides in paragraph 24 that item         6 (Organization) of the WD AGO Form 53-55 be completed as follows: 

	a.  Item 6, enter the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.  Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity. 

	b.  Item 36 (Service Outside Continental U.S. and Return) shows the dates of departure from CONUS and arrival overseas and the destination

12.  Army Regulation 600-8-22 provides for award of the European-African-Middle Eastern Theater Ribbon properly and correctly known as the European-African-Middle Eastern Campaign Medal.  The regulation also 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.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) assists commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation credit during World War II.  This pamphlet shows: 





   a.  The 75th Quartermaster Company:

* received campaign participation credit for the Ardennes-Alsace, Rhineland, and Central Europe campaigns
* was awarded occupation credit for Germany from 2 May to 5 July 1945

   b.  The 821st Tank Destroyer Battalion: 

* received campaign participation credit for the Central Europe, Normandy, Northern France, and Rhineland campaigns
* was awarded occupation credit for Germany from 2 May to 14 August 1945
* was awarded the Meritorious Unit Commendation for service from
26 June to 31 December 1945 by General Orders Number 138, issued by Headquarters, 29th Infantry Division, on 22 April 1945

14.  Army Regulation 600-8-22 states 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, and escort on 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant served as a heavy truck driver during WWII.  His unit of assignment is shown as the 75th Quartermaster Company.  

	a.  It is possible he was assigned to the 75th Quartermaster Company while moving to a separation activity and that this unit was inadvertently entered on his WD AGO Form 53-55 and his Honorable Discharge Certificate.  However, there is no evidence of his exact unit of assignment.  

	b.  Although the campaign participation credit he received is more consistent with those awarded to the 821st Tank Destroyer Battalion, this consistency is insufficient by itself, in the absence of additional documentary evidence, to support his assignment to this unit.  


2.  The applicant was awarded the European-African-Middle Eastern Theater Ribbon, properly and correctly known as the European-African-Middle Eastern Campaign Medal.  As a matter of clarity, this award should be listed with the correct name on his WD AGO Form 53-55.  

3.  Neither the 75th Quartermaster Company nor the 821st Quartermaster Battalion was credited with five campaigns.  His WD AGO Form 53-55 listed four campaigns and therefore he is entitled to award of four, not five, bronze service stars to be affixed to the European-African-Middle Eastern Campaign Medal.

4.  Combat service was not listed on the WD AGO Form 53-55.  However, this form listed service outside CONUS in item 36.  The applicant's service in the ETO is properly annotated in item 36 of his WD AGO Form 53-55.

5.  The unit of assignment listed on his DD Form 214 was awarded occupation credit for Germany from 2 May to 5 July 1945 (as was the 821st Tank Destroyer Battalion).  Therefore, he is entitled to correction of his WD AGO 53-55 to show the Army of Occupation Medal with Germany Clasp.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

* deleting from item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Theater Ribbon
* adding to item 33 of his WD AGO Form 53-55 the Army of Occupation Medal and the European-African-Middle Eastern Campaign Medal with four bronze service stars


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 the unit of assignment, combat service, and the five bronze service stars.



      __________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)                                         AR20120007071



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ABCMR Record of Proceedings (cont)                                         AR20120007071



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