BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120012305 


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 he participated in either the "Alsace-Loraine" or "Northern France" campaign.

2.  He states he remembers fighting in the areas of Metz and Rimling, France and all historical books clearly show his unit, Company B, 345th Infantry Regiment fought to liberate France.  He contends he needs this correction made to his record to be eligible to apply for award of the prestigious "Chevalier de la Legion d' Honneur" (Knight of the Legion of Honor) from the country of France.  The French Government is bestowing this decoration to any U.S. veteran who can prove that he or she fought in France.  To do so the French Government requires that the veteran provide a copy of their WD AGO 53-55 which must show in item 32 the words Normandy, Northern France, or Alsace-Loraine.  If any of these words are not shown, the application for this very special award will not be accepted.

3.  He provides:

* a self-authored statement
* his WD AGO Form 53-55
* two maps
* a historical account of the 87th Infantry Division in World War II
* a historical account of the 345th Infantry Regiment

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.  His complete military record is not available 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 available to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records which primarily consist of the applicant's WD AGO Form 53-55 and WD AGO Form 100 (Separation Qualification Record) provided by the National Personnel Records Center (NPRC).

3.  His WD AGO Form 53-55 contains the following pertinent information:

* he was inducted into the Army of the United States and entered active duty on 20 March 1944
* his military occupational specialty was 745 (Rifleman)
* his unit of assignment was Company B, 345th Infantry Regiment
* he served in the European Theater of Operations from 22 October 1944 until his departure enroute to the continental U.S. (CONUS) on 5 July 1945
* he held the rank/grade of staff sergeant at the time of separation
* he was honorably discharged on 3 March 1946 after completing a total of 1 year, 11 months, and 14 days of active military service
* he served a total of 1 year, 2 months, and 19 days in CONUS
* he served a total of 8 months and 25 days outside CONUS

4.  Item 31 (Military Qualification and Date) shows he was awarded the Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

5.  Item 32 of his WD AGO Form 53-55 shows he participated in the Rhineland, Ardennes, and Central Europe campaigns of World War II.

6.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded or authorized the Purple Heart, World War II Victory Medal, European-African-Middle Eastern (EAME) Theater Campaign Medal, Good Conduct Medal, and American Theater Campaign Ribbon.

7.  Item 13 (Title-Description-Related Civilian Occupation) of his WD AGO Form 100 shows he served with Company B, 345th Infantry Regiment, 87th Infantry Division in England, France, Luxembourg, Belgium, Germany, and Czechoslovakia.

8.  He provides two maps and historical accounts which depict the actions and duty locations of the 345th Infantry Regiment, 87th Infantry Division during World War II, all of which indicate the unit served in France for some period of time.

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

	a.  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.

	b.  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.




10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units and campaign participation of units serving in World War II.  This document shows the applicant's unit of assignment was authorized:

	a.  credit for participation in the Ardennes-Alsace, Central Europe, and Rhineland campaigns; 

	b.  award of the Distinguished Unit Citation (now known as the Presidential Unit Citation); and

	c.  occupation credit for Germany and, therefore, entitlement to the Army of Occupation Medal.

11.  Although Department of the Army Pamphlet 672-1 shows the "Northern France" campaign took place from 25 July to 14 September 1944, it does not show the applicant's unit was awarded credit for participation in this campaign.  Additionally, this document does not show an "Alsace-Loraine" campaign took place. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his WD AGO Form 53-55 should be corrected to show he participated in either the "Alsace-Loraine" or "Northern France" campaign were carefully considered and determined to have partial merit.

2.  Item 32 of his WD AGO Form 53-55 shows he participated in the Rhineland, Ardennes, and Central Europe campaigns of World War II.

3.  The fact that the applicant's unit served in France is not in question.  However, Department of the Army Pamphlet 672-1 does not show the unit was credited with participation in the "Northern France" campaign.  Additionally, the regulation does not list an "Alsace-Loraine" campaign at all.  However, it does show the proper name for the "Ardennes" campaign is actually "Ardennes-Alsace."  Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to properly reflect this campaign.

4.  The evidence clearly shows he was awarded the Combat Infantryman Badge. Therefore, he is entitled to award of the Bronze Star Medal and correction of his WD AGO 53-55 to reflect this award.

5.  The available evidence shows he served with a unit during a period of time it was awarded the Presidential Unit Citation.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this unit award.

6.  The available evidence shows he served a qualifying period for award of the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this medal.  

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 upon his receipt of the Combat Infantryman Badge effective 8 May 1945;

	b.  deleting the entry "Ardennes" from item 32 of his WD AGO Form 53-55 and replacing it with the entry "Ardennes-Alsace"; and 

	c.  adding the Bronze Star Medal, Presidential Unit Citation, and the Army of Occupation Medal with Germany Clasp to item 33 of his WD AGO Form 53-55.

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 correcting his WD AGO Form 

53-55 to show he participated in either the "Alsace-Loraine" or "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)                                         AR20120012305





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120012305



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1