IN THE CASE OF:	  

		BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120019456 


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 a unit citation. 

2.  He states his unit received a citation, but he did not receive the ribbon and the citation was not listed on his discharge document.

3.  He provides:

* orders
* a statement regarding the availability of ribbons signed by a company commander
* a 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 records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the documents he provides, a reconstructed record provided by the NPRC, and a history of the 310th Infantry Regiment.

3.  On 5 January 1940, the applicant enlisted in the Regular Army.  His WD AGO Form 53-55 shows:

	a.  he was awarded the:

* Combat Infantryman Badge
* Good Conduct Medal
* Purple Heart
* European-African-Middle Eastern Campaign Medal
* American Defense Service Medal

	b.  he served in the European Theater of Operations (ETO) from 25 October 1944 to 4 October 1945; and

	c.  he was assigned to Company M, 274th Infantry, when he was honorably discharged on 20 October 1945.

4.  A book entitled The Story of the 310th Infantry Regiment, 78th Infantry Division, in the War Against Germany, 1942-1945, published in 1946, was based on the unit's historical records.  The book includes a list of men assigned to each of the regiment's companies during World War II.  The list for Company D includes the applicant's name.

5.  He provides General Orders Number 513, issued by Headquarters 78th Infantry Division, dated 12 October 1945, showing the 1st Battalion, 310th Infantry Regiment, was cited for outstanding performance of duty in action against the enemy from 2 to 10 March 1945.  

6.  On 16 November 2012, the NPRC informed him they had authorized shipment of the following awards based on the available records:

* Bronze Star Medal
* Purple Heart
* Good Conduct Medal
* Presidential Unit Citation
* American Defense Service Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with three bronze service stars
* World War II Victory Medal
* Combat Infantryman Badge
* Honorable Service Lapel Button

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists unit citations for World War II units.  It shows 1st Battalion, 310th Infantry Regiment, 78th Infantry Division, was awarded the Distinguished Unit Citation (now called the Presidential Unit Citation) for the period 28 February to 9 March 1945, by War Department General Orders Number 72, dated 1945.

8.  A review of the available records indicates the applicant is entitled to additional awards not listed on his WD AGO Form 53-55.

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

10.  Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes service within the continental United States for an aggregate period of one year.

11.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

12.  Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  The Germany Clasp denotes occupation duty rendered in Europe.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.  

13.  Department of the Army Pamphlet 672-1 shows World War II units that are authorized occupation credit, which establishes entitlement to the Army of Occupation Medal.  The 274th Infantry Regiment received occupation credit for Germany for the period 20 May to 18 September 1945, and the 310th Infantry Regiment received occupation credit for Germany from 20 May to 31 October 1945.  

DISCUSSION AND CONCLUSIONS:

1.  Although the available evidence does not show the exact dates of the applicant's service in 1st Battalion, 310th Infantry Regiment, there is no reason to doubt that he was assigned to the unit during the period for which it was cited for award of the Presidential Unit Citation.  It would be appropriate to add this unit award to his WD AGO Form 53-55.

2.  He was awarded the Combat Infantryman Badge in January 1945.  Therefore, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.

3.  He completed a period of service making him eligible for the American Campaign Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.

4.  He served during the period of eligibility for the World War II Victory Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.

5.  The available records show the applicant was assigned to two units that received occupation credit for Germany.  Although the exact dates of his assignments to these units are not available, based on the date of his return from the ETO it is clear he served in one or both of these units during the period for which they received occupation credit.  Therefore, he is entitled correction of his WD AGO Form 53-55 to show the Army of Occupation Medal with Germany Clasp.  This decoration was not included on the list of decorations authorized for shipment by NPRC; therefore, it should also be issued to him.  





BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 his award of the Combat Infantryman Badge; 

	b.  issuing the Army of Occupation Medal with Germany Clasp to him; and 

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

* Bronze Star Medal
* American Campaign Medal
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Presidential Unit Citation



      ____________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)                                         AR20120019456



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ABCMR Record of Proceedings (cont)                                         AR20120019456



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