IN THE CASE OF:	   

		BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20130022148 


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 a third battle star (now known as bronze service star) for his European-African-Middle Eastern Campaign Medal.

2.  The applicant states he was unaware he was authorized additional campaign credit.

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 18 April 1946
* a page from Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register)
* a microfilm copy of the Morning Report of 18 December 1944 for Headquarters (HQ), 23rd Tank Battalion

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 that the applicant’s records were lost or destroyed in that fire.  The only records available to this Board are the applicant’s WD AGO Form 53-55 and the Morning Report from HQ, 23rd Tank Battalion.

3.  On 20 October 1943, he was inducted into the Army of the United States.  He entered active service duty on 10 November 1943.

4.  On 2 November 1944, he arrived in the European Theater of Operations (ETO).  HQ, 23rd Tank Battalion Morning Report, dated 18 December 1944, showed he was assigned to that unit as of 17 December 1944.

5.  On 10 August 1945, he departed the ETO and arrived in the United States on 19 August 1945.

6.  On 18 April 1946, he was honorably discharged by reason of demobilization.  His WD AGO Form 53-55 shows the following entries:

	a.  Item 6 (Organization) - HQ, 23rd Tank Battalion, 12th Armored Division

	b.  Item 32 (Battles and Campaigns): 

* Rhineland
* Central Europe

	c.  Item 33 (Decorations and Citations):

* 1 Overseas Service Bar 
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with 2 bronze 	battle stars (now referred to as bronze service stars)
* Army Good Conduct Medal
* World War II Victory Medal
* Distinguished Unit Badge


7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II.  This document shows that, at the time of the applicant’s assignment to the 23rd Tank Battalion, the unit:

	a.  participated in the following campaigns:

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

	b.  received occupation credit for Germany for the period from 2 May to 
31 October 1945.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 served.

	b.  The Army of Occupation Medal is awarded for service of thirty 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 (exclusive of Berlin), qualifying service must have occurred between 9 May 1945 and 5 May 1955.  

DISCUSSION AND CONCLUSIONS:

1.  He was assigned to HQ, 23rd Tank Battalion from 17 December 1944 to 
10 August 1945 during the period he was in the ETO.  He was assigned during the periods the unit participated in the Ardennes-Alsace, Central Europe, and Rhineland campaigns.  Therefore, the Ardennes-Alsace campaign should be added to item 32 of his WD AGO Form 53-55 and he is authorized a third bronze service star to be worn on his already-awarded European-African-Middle Eastern Campaign Medal.

2.  He was assigned to the 23rd Tank Battalion during the period the unit was awarded occupation credit for Germany.  Therefore, he is entitled to the Army of Occupation Medal with Germany clasp.
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.  adding to Item 32 of his WD AGO FORM 53-55 the Ardennes-Alsace campaign; and

	b.  deleting from item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal with 2 bronze battle stars and 

	c.  adding to Item 33 of his WD AGO Form 53-55 the:

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



      ___________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)                                         AR20130022148



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ABCMR Record of Proceedings (cont)                                         AR20130022148



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