PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             1 July 2003
	DOCKET NUMBER:     AR2003087665

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. Ted Kanamine R 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Ms. Karen Y. Fletcher		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the unit listed in Item 6 (Organization) of his separation document (WD AGO Form 53-55) be corrected.   

3.  The applicant states, in effect, that during his combat service in World War II, he served in Battery D, 108th Anti-Aircraft Artillery (AAA) Battalion, and he was only reassigned to another unit when the war ended and he was returning home. He also states that he never received the five bronze service stars he was due for his campaign participation with this unit.  

4.  The applicant’s military records were 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 in that fire.  

5.  The available evidence includes a WD AGO Form 53-55 that confirms the applicant was inducted into the Army of the United States and entered active duty on 26 January 1943.  This document also shows that he continuously served on active duty until 28 October 1945, at which time he was honorably separated in the rank of private first class (PFC).  Item 6 (Organization) contains the entry “Btry D 798 AAA Bn”, which indicates this was his unit of assignment.  

6.  The WD AGO 53-55 also confirms that the applicant served in the European Theater of Operations (ETO), from 21 August 1943 through 12 October 1945, and that he participated in the Central Europe, Naples-Foggia, Rhineland, 
Rome-Arno, and Southern France campaigns of World War II.  It also shows that the applicant earned the European-African-Middle Eastern Service Medal (EAME) with bronze arrowhead and Good Conduct Medal during his tenure on active duty.  There is also a Separation Qualification Record (WD AGO Form 100) on file that confirms he was awarded five bronze service stars.  

7.  The applicant provides a copy of a “V” Mail from the President of General Motors that was addressed to him at Battery D, 108th AAA Battalion, and a copy of certificate signed by the unit commander of Battery D, 108th AAA Battalion, dated 30 June 1945, which indicates that he personally examined the items of enemy military equipment in the applicant’s possession on that date.  

8.  Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in item 6 (Organization) of the WD AGO Form 53-55.  It also notes that assignments to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 5-11 contains the policy for awarding the World War II Victory Medal.  It states, in pertinent part, that it is authorized for award for service between 7 December 1941 and 31 December 1946.  Paragraph 5-12 contains guidance on the European-African-Middle Eastern Campaign Medal and it states, in pertinent part, that a bronze service star is authorized for each campaign a member participated in while serving in the ETO, a silver service star is worn to denote 5 campaigns, in lieu of 5 bronze service stars, and a bronze arrowhead is authorized to denote participation in an assault landing.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the unit listed in his separation document is incorrect and it finds this claim has merit.  There is sufficient evidence to conclude that the applicant was assigned to Battery D, 108th AAA Battalion while serving overseas in the ETO.  The unit listed in his separation document was likely a transitional unit that he was assigned to for movement to a separation activity.  

2.  The Board also notes that the applicant was awarded five bronze service stars with his EAME based on his participation in five campaigns of World War II, and that he is also entitled to the World War II Victory Medal based on his service during this period.  

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was assigned to Battery D, 108th 
Anti-Aircraft Artillery Battalion; by showing he is entitled to 1silver service star with his European-African-Middle Eastern Service Medal and to the World War II Victory Medal; and by issuing him a corrected separation document that reflects these changes.  

BOARD VOTE:  

KF___  __MM__  _TK___  GRANT AS STATED IN RECOMMENDATION

________  ___________  GRANT FORMAL HEARING

________  ___________  DENY APPLICATION

		Ted S. Kanamine
		 CHAIRPERSON

INDEX

CASE ID	AR2003087665	
SUFFIX		
RECON		
DATE BOARDED	2003/06/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/10/28	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.  46	107.0000	
3.		
4.		
5.		
6.