BOARD DATE:	  16 October 2012

		DOCKET NUMBER:  AR20120007359 


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 item 32 (Battles and Campaigns) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show campaign credit for participation in Northern France.  

2.  He states during the Battle of Metz, Nancy, and the part of France called Lorraine, the U.S. Army lost many records around 16 December 1944.  He states the Battle of the Bulge took the U.S. Army very much by surprise.

3.  He provides:

* Five pages from Historical Records of the 87th Infantry Division in World War II, 1942-1945
* Seven pages from Company F, 347th Infantry Regiment, 1942-1945
* Maps showing the 87th Infantry Division travel through Europe
* WD AGO Form 53-55
* Two letters from a Secretary and Historian of the Central Massachusetts  Veterans of the Battle of the Bulge, Chapter XXII

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 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's WD AGO Form 53-55 shows he was inducted into the Army of the United States and he entered active service on 18 March 1944.  He served in the European-African-Middle Eastern Theater of Operations (EAMETO) from
22 October 1944 to 5 July 1945.

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

	a.  item 6 (Organization), he was assigned to Company F, 347th Infantry Regiment.

	b.  item 32, he participated in the following three campaigns:

* Rhineland
* Ardennes-Alsace
* Central Europe

	c.  item 31 (Military Qualifications and Date) the Expert Marksmanship Qualification Badge with Rifle br and the Combat Infantryman Badge.

	d.  item 33 (Decorations and Citations) the:

* European-African-Middle Eastern Theater Campaign Ribbon
* American Theater Campaign Ribbon
* World War II Victory Medal


5.  A Historical and Pictorial Record of the 87th Infantry Division in World War II indicates:

	a.  Command posts of Headquarters, 87th Infantry Division (Metz, Oermingen, Achen, Gros Rederching, and Pont Faverger) fought in France during December 1944.

	b.  The U.S. Army, 347th Infantry Regiment, 2nd Battalion arrived at Metz, France on 8 December 1944.  The battalion left Metz, France on 11 December 1944 by motor convoy and arrived at Achen, France at 1345 hours.  The 2nd Battalion moved forward from Achen and arrived in Woelfling at 1730 hours on 12 December 1944.

	c.  From 13 - 15 December 1944, Company F, 2nd Battalion, 347th Infantry Regiment advanced in attacks on Le Sitters Hill, Mittlebruck Woods and Le Mertzenwald Woods in France.

	d.  The 2nd and 3rd Battalions of the 347th Infantry Regiment advanced in the attack of the German Border on 15 December 1944.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows, among other information, unit awards and citations authorized for units serving during World War II.  This pamphlet shows:

	a.  Company F, 347th Infantry Regiment, 87th Infantry Division received credit for participating in the Ardennes-Alsace (16 December 1944 – 25 January 1945), Central Europe (22 March – 11 May 1945), and Rhineland (15 September 1944 – 21 March 1945) campaigns.  This document does not indicate this unit received campaign credit for Northern France.

	b.  The 347th Infantry was awarded occupation credit for Germany during the applicant's period of service.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Bronze Star Medal is awarded to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

	b.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  The regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B 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.

	c.  The Army of Occupation Medal with Germany Clasp is for qualifying service that 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 applicant's WD AGO Form 53-55 shows he received campaign credit for participation in the Rhineland, Ardennes-Alsace, and Central Europe campaigns.

2.  Department of the Army Pamphlet 672-1 does not indicate the 347th Infantry Regiment received credit for participation in the Northern France campaign.  The evidence provided by the applicant indicates Company F, 347th Infantry Regiment participated in operations in France during 13 - 15 December 1944.  However, the applicant's unit received credit for participation in the Rhineland campaign that covers this period.  Therefore, there is no basis for correcting his WD AGO Form 53-55 to show campaign credit for participation in the Northern France campaign.

3.  The applicant's record contains administrative errors that do not require action by the Board.  Therefore, administrative correction of the applicant's record will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  _X_______  __X___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by:

	a.  deleting from his WD AGO Form 53-55 the European-African-Middle Eastern Theater Campaign Ribbon, and

	b.  adding to his WD AGO Form 53-55 the:

* Bronze Star Medal (based on award of the Combat Infantryman Badge)
* Army of Occupation Medal with Germany Clasp
* European-African-Middle Eastern Campaign Medal with three 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)                                         AR20120007359



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ABCMR Record of Proceedings (cont)                                         AR20120007359



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