BOARD DATE:	  8 October 2013

		DOCKET NUMBER:  AR20130002243 


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 awards and decorations for his European service beginning in 1944.

2.  The applicant states:

* he fought with the 14th Armored Infantry and 19th Infantry Battalion in World War II
* after the 14th Armored Infantry was deactivated, he was assigned to the 52nd Infantry Battalion
* in mid-1944, he fought in the European theater, mostly in France
* he stayed in Europe with the occupation forces
* he is 88 years old and wants to pass the awards and decorations to his children
* he only received the Combat Infantryman Badge when he requested his ribbons and medals
* he had numerous ribbons which he no longer has
* he should have some medals or some kind of recognition for having fought in World War II in the European theater and for being a part of the occupation forces
* records covering portions of his service in the European theater are missing from his records
* he is willing to appear before the Board if required


* he and his wife of 65 years can provide affidavits relating to his service in Europe since he met his wife in Brussels while on a weekend pass
* his wife, who was in the British Army stationed overseas, recently received three medals from the British government for her service
* he is unable to provide affidavits from his war buddies because they have passed on

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* Army of the United States Honorable Discharge Certificate, dated
21 March 1946
* Army of the United States Honorable Discharge Certificate, dated
17 September 1964
* 14th Armored Division Roster

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 was inducted into the Army of the United States on 5 March 1943 and entered active duty on 12 March 1943.  

3.  The applicant's WD AGO Form 24A (Service Record) shows in section 21 (Medals, Decorations, and Citations), he was awarded the Combat Infantryman Badge effective 23 March 1945 by General Orders Number 12, issued by Headquarters, 19th Armored Infantry Battalion.

4.  His WD AGO Form 20 (Soldier's Qualification Card) shows in item 29 (Record of Current Service), he was assigned to the:

* 19th Armored Infantry Battalion from 4 December 1943 through 1 August 1945
* 51st Armored Infantry Battalion from 2 August 1945 through 9 February 1946

5.  On 21 March 1946, the applicant was honorably discharged by reason of demobilization.  His WD AGO Form 53-55 shows in:

	a.  item 31 (Military Qualification and Date (i.e., infantry, aviation, and marksmanship badges, etc) he was awarded the Combat Infantryman Badge on 23 March 1945;

	b.  item 32 (Battles and Campaigns) he participated in the Rhineland and Central Europe campaigns;

	c.  item 33 (Decorations and Citations) he was awarded or authorized the:

* Distinguished Unit Badge (now called the Presidential Unit Citation)
* American Theater Ribbon (American Campaign Ribbon)
* European-African-Middle Eastern Campaign Ribbon
* Army Good Conduct Medal
* Victory Medal (World War II Victory Medal)

	d.  item 36 (Service Outside Continental U.S. and Return) he:

* departed the United States on 14 October 1944 and arrived in the European theater of operations on 28 October 1944
* departed the European theater of operation on 7 March 1946 and he arrived in the United States on 15 March 1946

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	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.  This means, in effect, that 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, escort, 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 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) is used in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and for the Korean War.  This pamphlet shows that while he was assigned to his units in the European theater of operations his units received:

	a.  campaign participation credit for the following three campaigns:

* Ardennes-Alsace (16 December 1944-25 January 1945)
* Rheinland (15 September 1944-21 March 1945)
* Central Europe (22 March-11 May 1945)

	b.  occupation duty credit for Germany.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for awards and decorations for his European service was carefully considered.

2.  The evidence of record shows the applicant was awarded the Combat Infantryman Badge on 23 March 1945.  Based on the timeframe for his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.

3.  Records show his unit in the European theater of operations received occupation credit for Germany during his period of assignment.  Therefore, he is 


entitled to the Army of Occupation Medal with Germany Clasp and correction of his record to show this award.

4.  Records show that in addition to the campaign participation credits shown on his WD AGO Form 53-55, he participated in the Ardennes-Alsace campaign.  Therefore, his WD AGO Form 53-55 should be corrected to show this campaign.

5.  Records show he participated in three campaigns during his service in World War II that entitles him to three bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal.  Therefore, his   WD AGO Form 53-55 should be corrected to show these bronze service stars.

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.  deleting from item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal;

	b.  awarding him the Bronze Star Medal, effective 23 March 1945, based on award of the Combat Infantryman Badge;

	c.  adding to item 32 of his WD AGO Form 53-55 the Ardennes-Alsace campaign; and

	d.  adding to item 33 of his WD AGO Form 53-55 the:

*	Bronze Star Medal


*	European-African-Middle Eastern Campaign Medal with 3 bronze service stars
*	Army of Occupation Medal with Germany Clasp



      ___________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)                                         AR20130002243



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ABCMR Record of Proceedings (cont)                                         AR20130002243



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