IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120009174 


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 show his dates of service in the European Theater of Operations (ETO) and participation in the Northern France campaign.

2.  The applicant states, in effect, that he departed the United States on 
24 October 1944 and arrived in the ETO on 1 November 1944.  He also contends that he participated in the Northern France campaign.

3.  The applicant provides copies of:

* WD AGO Form 53-55
* Letter of support, dated 4 May 2012, with privacy act release statement
* Certificate for award of the Bronze Star Medal, dated 5 February 1991
* Photographs of veterans receiving the Chevalier de la Legion d' Honneur
* Memorials Honoring the 26th Yankee Infantry Division (8 pages)
* Battle Campaign Map, Third Army Front, 8 November 1944
* Battle Map, Advance of the 26th Division, 8-17 November 1944

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, the documents remaining in a reconstructed record are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows:

	a.  he was inducted into the Army of the United States on 18 July 1944;

	b.  he entered active duty on 18 July 1944;

	c.  he held military occupational specialty 607 (Light Mortar Crewman);

	d.  he departed the United States on 1 January "1946" and arrived in the ETO on 9 January "1946";

	e.  he was assigned to Company L, 328th Infantry Regiment;

	f.  he served overseas for a period of 1 year and 28 days;

	g.  he departed the ETO on 18 January 1946 and arrived in the United States on 28 January 1946;

	h.  he participated in the Rhineland and Central Europe campaigns;

	i.  he was awarded the European-African-Middle Eastern Campaign Medal, World War II Victory Medal, Good Conduct Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and Lapel Button; and

	j.  he was discharged on 2 February 1946.

4.  DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the dates of each campaign and the unit awards and campaign credit received by units serving in World War II.  This document shows that the 328th Infantry Regiment:

	a.  participated in the following campaigns:

* Northern France: 25 July to 14 September 1944
* Ardennes-Alsace: 16 December 1944 to 25 January 1945
* Rhineland: 15 September 1944 to 21 March 1945
* Central Europe: 22 March to 11 May 1945

	b.  received credit for the occupation of Germany from 2 May to 3 June 1945 and from 15 August to 30 October 1945.

5.  Army Regulation 600-8-22 (Military Awards):

	a.  The Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.

	b.  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.

	c.  A bronze service star is authorized for wear on the European-African Middle-Eastern Campaign Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 should be corrected to show his dates of service in the ETO and to add credit for participation in the Northern France campaign.



2.  The applicant's contention that the dates of his departure from the United States shown on his WD AGO Form 53-55 are wrong has merit.  However, the dates of 24 October and 1 November 1944 that he suggests as correct cannot be sufficiently confirmed by the available evidence.

3.  He states that the date of departure from the ETO of 18 January 1946 and the date of arrival in the United States of 28 January 1946, are correctly entered on his WD AGO Form 53-55.  This form shows his foreign service as 1 year and 
28 days.  Subtracting his foreign service from 28 January 1946 results in a date of departure from the United States of 1 January 1945, exactly 1 year earlier than shown on the form.  It is reasonable to presume that the year shown of 1946 was a typographical error.  Therefore, it would be appropriate to show his date of departure from the United States as 1 January 1945 and his date of arrival in the ETO as 9 January 1945.

4.  The available evidence of record clearly shows that the 328th Infantry Regiment received credit for participation in the Northern France campaign.  Therefore, the regiment must have arrived in the ETO sometime prior to 
14 September 1944, the last day of credit for participation in this campaign.

5.  The applicant's contention that he participated in the Northern France campaign cannot be sufficiently confirmed by the available evidence.  This campaign was from 25 July to 14 September 1944, a period of time that was before the dates he suggests that he departed the United States and also prior to the dates that the available evidence suggests he left the United States.  Therefore, this portion of his request should be denied.

6.  The following are related issues.

	a.  The available evidence indicates that the applicant was in the ETO during the period of the following three campaigns: Ardennes-Alsace, Rhineland, and the Central Europe.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

	b.  The applicant was awarded the Combat Infantryman Badge for his service in the ETO during World War II.  Accordingly, he is also entitled to award of the Bronze Star Medal. Therefore he should be awarded the Bronze Star Medal. 


	c.  The applicant's unit received credit for award of the Army of Occupation Medal with Germany Clasp during the time of his assignment.  Therefore, this medal should be shown on his WD AGO Form 53-55.

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:

	a.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge;

	b.  amending his WD AGO Form 53-55 to show his date of departure from the United States as 1 January 1945;

	c.  amending his WD AGO Form 53-55 to show his date of arrival in the ETO as 9 January 1945;

	d.  amending his WD AGO Form 53-55 to add the Ardennes-Alsace campaign; and

	e.  adding to his WD AGO Form 53-55 the Bronze Star Medal, Army of Occupation Medal with Germany Clasp, and three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

2.  The Board further determined that 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 showing he departed the 


United States on a date earlier than 1 January 1945 or that he had participated in the Northern France campaign.




      _______ _   _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)                                         AR20120009174





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ABCMR Record of Proceedings (cont)                                         AR20120009174



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