IN THE CASE OF:	  

		BOARD DATE:	    27 August 2013

		DOCKET NUMBER:  AR20130004527 


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:

Applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, correction of the applicant's discharge documents to reflect:

* Addition of the "Central Europe Campaign Award" (European-African-Middle Eastern Theater Campaign Ribbon with five bronze service stars)
* battlefield promotion to second lieutenant

2.  Counsel states the applicant served as the platoon leader for Company B, 33rd Armored Regiment, 3rd Armored Division during the Normandy Campaign through the Battle of the Bulge.  Due to heavy combat losses, he was commissioned on the battlefield where he was awarded the Purple Heart and Silver Star for his actions.  

3.  Counsel contends that as a platoon leader in Task Force Lovelady, the applicant served as a lieutenant; however, due to the operational tempo, he was never formally recognized.  At the very end of the war during the spring of 1945, he returned home on leave.  While enroute, the war formally ended and the applicant had enough points not to have to redeploy back to his unit in Central Europe.  The applicant was never formally awarded the rank of "lieutenant" or the "5th Campaign Award."

4.  Counsel provides:

* a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* a WD AGO Form 100 (Army Separation Qualification Record)
* a WD Form Number 371 (Final Payment Roll)
* four pages of an internet account of "The Siege at Petit Coo - In the Battle of the Bulge"
* two pages of an internet document entitled "The Trap That Doomed [applicant's name]"

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 lost or destroyed in this fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 15 January 1942 and that he served in the European-African-Middle Eastern (EAME) Theater of Operations from 15 September 1943 to 15 May 1945.  He was honorably separated on 3 June 1945.  This form also shows that at the time of separation, the applicant held military occupational specialty 1736 (Platoon Sergeant) and the following information:

* Item 3 (Grade) - "S/SGT" (staff sergeant)
* Item 6 (Organization) – Company B, 33rd Armored Regiment
* Item 32 (Battles and Campaigns) – Normandy, Northern France, Ardennes, and Rhineland
* Item 33 (Decorations and Citations) - Good Conduct Medal, Purple Heart, and Silver Star; this item also refers to the remarks section of this form
* Item 38 (Highest Grade Held) – "S/SGT"
* Item 55 (Remarks) - European-African-Middle Eastern Theater Campaign Ribbon with 4 service stars and that he was issued the Lapel Button

4.  The WD Form Number 371 shows that the applicant’s final payment was issued to him in the rank of staff sergeant on 3 June 1945.

5.  The Summary of Military Occupation and Civilian Conversions section of his WD AGO Form 100 states, in part, “Often took over officer’s position as platoon leader when required.  Served as platoon leader for one month, was favorably considered for direct commission but received present discharge.”

6.  His record contains a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) issued on 7 January 2013 which shows the World War II Victory Medal and American Campaign Medal were added to his discharge document.

7.  The applicant provides two internet documents which show that during the Battle of the Bulge, the applicant assumed command of four tanks in the absence of the platoon commander.  One article specifically refers to the applicant as “Lt Pxxxxx.”

8.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  

	a.  This source confirms that during his tenure of assignment, the 33rd Armored Regiment was awarded occupation credit for Germany for the period 
2 May – 31 October 1945.  It also shows that in addition to the four campaigns already listed in item 32 of the applicant's WD AGO Form 53-55, his unit also participated in the Central Europe campaign.  

	b.  The applicant's unit is shown to have received the following two Foreign Unit Awards:

* French Croix de Guerre for the period 31 August to 3 September 1944 by Department of the Army General Orders Number 43-50
* Belgian Fourragere for the periods 13 September 1944 and 20 December 1944 to 31 January 1945 by Department of the Army General Orders Number 43-50 
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  One bronze service star is authorized for each campaign while assigned or attached to, and present for duty with, a unit during the period in which it participated in combat.  A silver service star is awarded in lieu of five bronze service stars.

	b.  the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Soldiers who served in the European Theater during the occupation of Europe will wear the Clasp inscribed "Germany."  

10.  A Joint Resolution, Public Law, 77-252, dated 22 September 1941, provided that, “during the present emergency, temporary appointments as officers of the Army of the United States could be made without appointing such persons as officers in any particular component of the Army of the United States.”  It further provided that such appointments could be vacated at any time by the President and, if not sooner vacated, would continue "during the present emergency and 
6 months thereafter.”

11.  The editions of Army Regulation 605-10 and changes thereto in effect between 1941 and 1949 implemented Public Law 77-252.  Army Regulation  605-10, dated 26 May 1944, provided that enlisted men and warrant officers of the Army who were not graduates of officer candidate schools, or of a school or resident course of instruction recognized by the War Department as qualifying them for a commission and who were not former officers would not be appointed unless, in part, he was recommended by a board of officers appointed by the regimental or corresponding higher commander for the purpose of conducting an appropriate examination.  When a commander of United States forces outside the continental United States was granted special authority by the War Department to appoint or to recommend the appointment of officers, the qualifications for appointment would be as indicated in the special War Department instructions authorizing the appointments.

DISCUSSION AND CONCLUSIONS:

1.  Counsel requests correction of the applicant's record to show he received a battlefield promotion to second lieutenant and was awarded the European-African-Middle Eastern Campaign Medal with five bronze service stars.
2.  Although the applicant's official record shows he served as platoon leader for 1 month during World War II, there is no corroborating evidence nor did the applicant provide any corroborating evidence to show that he was officially tendered or accepted a temporary appointment or “battlefield commission” as a second lieutenant.  His WD AGO Form 100 does show he was favorably considered for a direct commission but received a discharge in the rank of S/SGT.  

3.  Item 32 of his WD AGO Form 53-55 shows he was given campaign participation credit for Normandy, Ardennes, Northern France and Rhineland. However, it fails to show his campaign credit for Central Europe.  It would appropriate to amend his discharge document to add the Central Europe campaign and to award him one silver service star for wear on his previously-awarded European-African-Middle Eastern Campaign Medal.  

4.  Department of the Army Pamphlet 672-1 shows his unit received occupation credit for Germany during his period of service.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany clasp.   

5.  His unit was also shown to have received the French Croix de Guerre and Belgian Fourragere during his period of service.  As such, these foreign unit awards should be added to item 55 of his discharge document.  

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 amending his WD AGO Form 53-55 by:

	a.  adding the Central Europe campaign to item 32;

	b.  deleting the European-African-Middle Eastern Campaign Medal with four service stars from item 33; 

	c.  adding the following awards to item 33:

* European-African-Middle Eastern Campaign Medal with one silver service star
* Army of Occupation Medal with Germany clasp
* Belgian Fourragere

	d.  adding the following to item 55:

* French Croix de Guerre – Unit Citation – No Emblem Authorized

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 
53-55 to show he received a battlefield promotion to second lieutenant.



      _______ _   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)                                         AR20130004527



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ABCMR Record of Proceedings (cont)                                         AR20130004527



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