BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130021791 


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 the WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) of his deceased uncle, a former service member (FSM), be corrected to show: 

* A bronze arrowhead and three additional bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal
* Presidential Unit Citation

2.  The applicant states:

* the FSM was a member of the Medical Detachment, 12th Infantry Regiment, 4th Division, which was involved in the Normandy landing
* the regiment fought in five European campaigns through France, Belgium, Luxembourg, and Germany - these are Normandy, Northern France, Rhineland, Ardennes-Alsace, and Central Europe campaigns
* as a member of the Medical Detachment, he was awarded the citation for valor in action at Luxembourg and Germany
* he was wounded in action in France on 11 August 1944; the 12th Infantry Regiment was attached to the 30th Infantry Division 7-13 August 1944
* the FSM arrived in Scotland on 28 March 1944 and departed the European Theater of Operations (ETO) on 3 July 1946
* the National Personnel Records Center could not verify the decorations due to the record having been destroyed by the fire

3.  The applicant provides:
* Newspaper clips
* Own birth certificate
* Letter from the National Personnel Records Center
* FSM's certificate of death
* WD AGO Form 53-55
* Honorable Discharge Certificate

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 FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 24 August 1943 and he entered active service on 14 September 1943.  This form also shows at the time of separation he held military occupational specialty 657 (Medical Aidman) and he was assigned to the Medical Detachment, 12th Infantry Regiment, 4th Division.  

3.  His WD AGO Form 53-55 also shows he departed the Continental United States (CONUS) on 21 March 1944 and he arrived in Scotland on 28 March 1944.  He served in the ETO.  He departed the ETO on 3 July 1945 and arrived back in CONUS on 12 July 1945. 

4.  He completed 11 months and 9 days of CONUS service and 1 year, 3 months, and 20 days of foreign service.  He was honorably discharged by reason of demobilization on 12 December 1945. 

5.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows he was awarded the Combat Medical Badge in August 1945. 

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in two campaigns during World War II (WWII) -- Normandy and Northern France. 

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the:

* Purple Heart
* Good Conduct Medal
* American Theater Service Medal
* European-African Middle Eastern Campaign Medal with two bronze service stars
* World War II Victory Medal

8.  Item 34 (Wounds Received in Action) shows the entry "11 August 1944, France."

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

	a.  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 "arrowhead" will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, and other awards. 

	c.  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.  This regulation authorized bronze service stars to be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  It authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  A silver service star is authorized in lieu of five bronze service stars.

	d.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  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) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation credit for World war II and the Korean War.  

	a.  The 12th Infantry Regiment received campaign participation credit for the Ardennes-Alsace, Central Europe, Normandy, Northern France, and Rhineland campaigns. 

	b.  War Department General Orders Number 54, dated 1955, awarded the 12th Infantry Regiment the Presidential Unit Citation for valor from 16 to 24 December 1944. 

	c.  The 12th Infantry Regiment received assault credit at Normandy from 6 to 7 June 1944 by authority of War Department General Orders Number 70, dated 1945. 

	d.  The 12th Infantry Regiment received occupation credit for Germany from 2 May to 21 June 1945.  

DISCUSSION AND CONCLUSIONS:

The FSM served in the ETO during World War II from 28 March 1944 to 3 July 1945 and he was assigned to the 12th Infantry Regiment.  Based on this service: 

	a.  The evidence of record shows he was awarded the Combat Medical Badge.  Based on award of this badge, he is entitled to award of the Bronze Star Medal and correction of his records to show it.

	b.  The evidence of record shows he was a member of 12th Infantry Regiment and that this Regiment was credited with participation in five campaigns.  Therefore, the FSM is entitled to correction of:

		(1)  Item 31 of his WD AGO Form 53-55 to show five instead of two campaigns; and 
		(2)  Item 33 to show the European-African Middle Eastern Campaign Medal with one silver service star (vice two bronze service stars) to designate campaign participation in five campaigns. 

	c.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  

		(1)  While his unit received assault credit, there is no documentary evidence to confirm if the FSM physically exited the aircraft or the watercraft during that assault. 

		(2)  However, given the FSM's specialty (combat medic), his participation in the Normandy campaign, and his award of the Purple Heart, it is reasonable to presume he met the criteria for the "assault" credit. 

	d.  General orders awarded his unit, the 12th Infantry Regiment, the Presidential Unit Citation while he was assigned to this unit.  Therefore, he is entitled to correction of his records to show this award.  

	e.  General orders awarded his unit, the 12th Infantry Regiment, occupation credit for Germany during his assignment to this unit.  Therefore, he is entitled to award of the Army of Occupation Credit with Germany Clasp and correction of his records to show this award.  

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:

* deleting from item 32 of his WD AGO Form 53-55 the existing entries and add the entries "Ardennes-Alsace, Central Europe, Normandy, Northern France, and Rhineland "
* awarding the FSM the Bronze Star Medal based upon award of the Combat Medical Badge
* deleting from item 34 the European-African-Middle Eastern Campaign Medal with two bronze service stars and adding the: 

* Bronze Star Medal
* Army of Occupation Medal with Germany Clasp 
* European-African Middle Eastern Campaign Medal with Arrowhead Device and one silver service star
* 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)                                         AR20130021791



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ABCMR Record of Proceedings (cont)                                         AR20130021791



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