BOARD DATE:	  18 April 2013

		DOCKET NUMBER:  AR20120017561 


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 Service) to show campaign credit for the Africa and Sicily campaigns.

2.  The applicant states the campaigns should have been added upon his discharge.

3.  The applicant provides a copy of 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 complete military record is 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 his records were lost or destroyed in that fire.  However, there is sufficient documentation for the Board to conduct a fair and impartial review of this case.  This case is being considered using the WD AGO Form 53-55 which was provided by the applicant.

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 16 December 1942 and entered active service on 23 December 1942.  This form also shows that at the time of his separation, he held military occupational specialty 345 (Truck Driver Light) and was assigned to Battery A, 83rd Armored Field Artillery Battalion.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 13 May 1943 and arrived in the North Atlantic Theater of Operations (NATO) on 4 June 1943.  He departed NATO on 14 August 1943 and arrived in the European-African-Middle Eastern Theater of Operations (EAMETO) on 15 August 1943.  He departed the EAMETO on 27 September 1945 and arrived back in CONUS on 7 October 1945.  He completed 4 months and 26 days of CONUS service and 2 years, 4 months, and 25 days of foreign service.

5.  He was honorably separated in the rank of private first class on 13 October 1945.  His WD AGO Form 53-55 shows in Item 32 (Battles and Campaigns) - Normandy, Northern France, Rhineland, Central Europe, and Ardennes.

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded or authorized the:

* EAME Theater Ribbon (now known as the EAME Campaign Medal) with five bronze service stars and bronze arrowhead
* Good Conduct Ribbon (now known as the Army Good Conduct Medal)
* Distinguished Unit Citation
* Bronze Star Medal

7.  The applicant appears to indicate on his application that he was assigned at one time to Battery A, 32nd Field Artillery Battalion.  He provides no evidence nor do his records contain evidence which would support this contention.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Register) is published to assist commanders and personnel officers in determining the eligibility of individual members for campaign participation credit, assault landing credit, unit citations, and occupation duty credit for World War II and Korea.  This pamphlet shows the 32nd Field Artillery Battalion received a Distinguished Unit Citation for the period 21 through 24 March 1943, issued by War Department General Order 66, dated 1945.  This pamphlet also shows the unit received campaign credit for:

* Normandy
* Northern France
* Rhineland
* Central Europe
* Ardennes
* Algeria-French Morocco (8 through 11 November 1942)
* Sicily (Ground) (9 July through 17 August 1943)
* Tunisia (Ground) (17 November 1942 through 13 May 1943)

This pamphlet does not show his unit (Battery A, 83rd Armored Field Artillery Battalion) was credited with participation in the Algeria-French Morocco, Sicily (Ground), or Tunisia campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant served as a light truck driver during World War II.  His unit of assignment is shown as the Battery A, 83rd Armored Field Artillery Battalion.  

2.  Evidence shows he arrived in the EAMETO on 15 August 1943, and he earned the EAME Campaign Medal with five bronze service stars and bronze arrowhead; however, Department of the Army Pamphlet 672-1 does not credit his unit (Battery A, 83rd Armored Field Artillery Battalion) with participation in the Algeria-French Morocco, Sicily (Ground), or Tunisia campaigns.  

3.  The applicant appears to indicate on his application that he was assigned at one time to Battery A, 32nd Field Artillery Battalion; however, he provides no evidence nor do his records contain evidence of his dates of assignment which would support this contention.   Regardless, the applicant did not arrive in the EAMETO until 15 August 1943, which would not have qualified him for the Algeria-French Morocco and Tunisia campaigns.  

4.  Based upon the foregoing, there is insufficient evidence for correction of his WD AGO Form 53-55 to show the requested campaigns.  






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 wants the applicant to know that this action in no way diminishes the sacrifices made by him in service to our Nation.  He and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20120017561





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ABCMR Record of Proceedings (cont)                                         AR20120017561



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