BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140018698 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show he was awarded or authorized the Bronze Star Medal (BSM), the European-African-Middle Eastern (EAME) Campaign Medal with six bronze service stars, and to show the year of his birth as 1925 instead of 1924.  

2.  The applicant states the errors/omissions were the result of administrative errors.  

3.  The applicant provides a copy of his WD AGO Form 53-55 and a copy of his Certificate of Birth.  

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  This case is being considered based on the documents provided by him.

3.  His WD AGO Form 53-55 shows:

	a.  The year of his birth as 1924.

	b.  He was inducted into the Army of the United States on 1 June 1942.

	c.  He served with Company L, 65th Infantry Regiment.

	d.  His military qualifications included the Combat Infantryman Badge (CIB).

	e.  He served in Africa from 16 March to 30 April 1944 and in Europe from 
3 May 1944 to 28 October 1945.  

	f.  He participated in the Rome-Arno, Rhineland, and Central Europe Campaigns.

	g.  He was awarded or authorized the:

* World War II Victory Medal
* American Theater Campaign Medal
* American Defense Service Medal 
* EAME Campaign Medal
* 6 overseas service bars

h.  He was honorably discharged on 10 December 1945.

4.  He provided a copy of his Certificate of Birth, which shows the year of his birth as 1925.

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

	a.  The BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 CIB or Combat Medical Badge is considered to be a citation in orders for the BSM.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  A bronze service star is authorized for wear on the EAME Campaign Medal for each campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  

	c.  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 EAME Campaign Medal was awarded for service before 9 May 1945.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credit for World War II.  This pamphlet shows the 65th Infantry Regiment was credited with participation in the Ardennes-Alsace campaign
(16 December 1944 to 25 January 1945).  This pamphlet also shows the 65th Infantry Regiment received occupation credit for Germany for the period 2 May-30 September 1945.  

DISCUSSION AND CONCLUSIONS:

1.  Based on his award of the CIB, he meets the eligibility criteria for award of the BSM.  Therefore, he should be awarded the BSM and his WD AGO 
Form 53-55 should be corrected to show this award.

2.  He was assigned to the 65th Infantry Regiment during the time it was awarded credit for the occupation of Germany.  Therefore, his WD AGO Form 53-55 should be corrected to show he is authorized the Army of Occupation Medal with Germany Clasp.

3.  He contends his WD AGO Form 53-55 should be corrected to show the EAME Campaign Medal with 6 bronze service stars.  

	a.  He was awarded the EAME Campaign Medal and his WD AGO Form    53-55 shows he participated in three campaigns during his service in World War II (Rome-Arno, Rhineland, and Central Europe).  

	b.  In addition Department of the Army Pamphlet 672-1 shows the 65th Infantry Regiment was credited with participation in the Ardennes-Alsace campaign during his period of assignment to this unit.  

	c.  Therefore, he is authorized four bronze service stars for wear on the EAME Campaign Medal and correction of his WD AGO Form 53-55 to reflect the addition of these four bronze service stars.  

	d.  However, Department of the Army Pamphlet 672-1 does not show the 65th Infantry Regiment was credited with participation in six campaigns during World War II.  Therefore, there is no basis to correct his WD AGO Form 53-55 to show the EAME Campaign Medal with one silver and one bronze service star.

4.  His available military records consist only of a WD AGO Form 53-55.  In the absence of additional evidence, such as his induction documents, the year of birth he listed upon his entry on active duty cannot be verified.  Therefore, administrative regularity must be presumed in this case.  

5.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of evidence showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While his desire to now record his correct year of birth in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

6.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the year of birth recorded in his military record and to satisfy his desire to have his correct year of birth documented in his OMPF.

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:

	a.  awarding him the BSM based on award of the CIB;

	b.  amending his WD AGO Form 53-55 by deleting the EAME Campaign Medal and adding the following awards:

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

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 amending his WD AGO Form 53-55 to show the year of his birth as 1925 and to show the EAME Campaign Medal with one silver and one bronze service star.




      __________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)                                         AR20140018698



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ABCMR Record of Proceedings (cont)                                         AR20140018698



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