BOARD DATE:	  8 January 2013

		DOCKET NUMBER:  AR20120011882 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) for the period ending 28 November 1945 be corrected to show the Northern France campaign.

2.  The applicant states his separation document does not show credit for his participation during the Northern France campaign due to administrative error.  This would allow him to apply for the prestigious French decoration, Chevalier de la Legion of Honneur (Knight of the Legion of Honor).  In order to apply for this award a U.S. veteran must prove that he/she fought in France between 4 June 1944 and 31 December 1944, be alive and of sound mind, and provide a copy of their honorable discharge which shows in Item 32 (Battles and Campaigns) the words "Normandy" or "Northern France" or both.

3.  The applicant provides:

* award of the Silver Star
* 1945 WD AGO Form 53-55
* an information paper titled An Historical and Pictorial Record of the 87th Infantry Division

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 was inducted into the Army of the United States on 3 November 1943 and entered active service on 8 December 1943.  Documentation in his available record shows he assigned to Company M, 87th Infantry Division.

4.  He was honorably discharged from active service, in the rank of sergeant, on 28 November 1945, to enlist in the Regular Army.

5.  Item 32 (Battle and Campaigns) of his WD AGO Form 53-55 shows he participated in the Ardennes, Rhineland, and Central Europe campaigns.   Item 33 (Decorations and Citations) of this form lists the:

* Silver Star
* European-African-Middle-Eastern (EAME) Campaign Medal

6.  Item 36 (Service Outside Continental U.S. and Return) of his WD AGO Form 53-55 lists the European Theater of Operations from 22 October 1944 to 1 May 1945.  Item 37 (Total Length of Service) of this form shows he completed 1 year, 5 months, and 28 days of continental service and 6 months and 28 days of foreign service.  

7.  He enlisted in the Regular Army on 29 November 1945.  He was honorably discharged on 13 May 1947.  He was issued a WD AGO Form 53-55 crediting him with completion of 1 year, 7 months, and 3 days of net service this period and zero foreign service credit.
8.  On 25 October 2002, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), adding the Bronze Star Medal and three bronze service stars, for the Ardennes, Rhineland, and Central Europe campaigns, to be affixed to his already-awarded EAME Campaign Medal.

9.  He provides an information paper titled An Historical and Pictorial Record of the 87th Infantry Division, 1945-1945.  The paper shows the 87th Infantry Division, 327th Infantry, left Southampton on 27 November 1944 for an undisclosed port in France.  They arrived in Metz, France, on 8 December 1944. The 327th Infantry Regiment fought in France up to 30 December 1944.  A map shows the battles they fought in areas in Germany and France.

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

   a.  For campaign credit, Army units will be deemed to have participated in combat if they actually engaged the enemy in combat, if they were stationed in a designated combat zone, or if they performed duties either in the air or on the ground in any part of the combat zone at any time during the designated period of the respective battle, campaign, or expedition.  
   
   b.  A bronze star is authorized for wear on the appropriate service/campaign medal, to include the EAME Campaign Medal, for each credited campaign.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the applicant's unit, the 87th Infantry Division, was authorized campaign credit for Ardennes-Alsace (16 December 1944 to 25 January 1945), Central Europe (22 March to 11 May 1945), and Rhineland (15 September 1944 to 21 March 1945.  

12.  Department of the Army Pamphlet 672-1 also shows the authorized dates for the Northern France campaign were 27 July to 14 September 1944.

DISCUSSION AND CONCLUSIONS:

The available evidence does not confirm the applicant's unit, the 87th Infantry Division, was authorized campaign credit for the Northern France campaign during World War II.  Therefore, he is not entitled to correction of his WD AGO Form 53-55, Item 32, to show the Northern France campaign. 


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)                                         AR20120011882





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ABCMR Record of Proceedings (cont)                                         AR20120011882



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