RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           December 2, 2003                  
	DOCKET NUMBER   AR2003088723

	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. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Patrick H. McGann		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that he receive credit for participation in the Battle of the Bulge.  

2.  The applicant states, in effect, that he was not credited with a battle star for his participation in the Battle of the Bulge on his separation document.  

3.  The applicant provides no documents or evidence in support of his application.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error on the separation document he was issued on 6 March 1946.  The application submitted in this case is dated 6 April 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  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.  This case is being considered using reconstructed records, which primarily consists of the applicant’s separation document (WD AGO Form 53-55).  

4.  The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army of the United States and entered active duty on 30 March 1943.  He continuously served on active duty until being honorably separated on 
6 March 1946.  This document also confirms that on the date of his discharge, he held the rank of corporal (CPL).  It also confirms that he held the military occupational specialty (MOS) 527 (Antiaircraft Range Section Noncommissioned Officer).

5.  The applicant’s WD AGO Form 53-55 further confirms that he served with the 556th Anti-Aircraft Artillery (AAA) Automatic Weapons (AW) Battalion, in the European Theater of Operations (ETO), from 14 September 1944 through February 1946.  Item 32 (Battles and Campaigns) of this document indicates that the applicant participated in the Rhineland and Central Europe campaigns of World War II.

6.  Item 33 of the WD AGO 53-55 contains the following list of awards earned by the applicant during his tenure on active duty:  European-African-Middle Eastern Service Medal with two bronze service stars; Good Conduct Medal; American Theater Ribbon; and World War II Victory Medal.  

7.  Army Regulation 600-8-22 contains the Army’s awards policy.  Paragraph 
5-10 contains the criteria for award of the Army of Occupation Medal.  It states, in pertinent part, that it is awarded for service for 30 consecutive days at a normal post of duty (while assigned to Germany between 9 May 1945 and 5 May 1955.

8.  Paragraph 5-12 of the awards regulation contains guidance on the 
European-African-Middle Eastern Campaign Medal, and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO.  Table B-1 contains a complete list of authorized campaigns, service requirements, and inscriptions prescribed for streamers.  The authorized list of World War II campaigns does not include the Battle of the Bulge.  Credit for participation in various World War II battles was incorporated into one of the Army authorized campaigns, and bronze service stars were used to denote campaign participation credit.  

9.  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.  This source confirms that during his tenure of assignment, the applicant’s unit (556th AAA AW Battalion) received credit for participation in the Rhineland and Central Europe campaigns of World War II and occupation of Germany credit for the period 2 May through 15 August 1945.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should receive a battle star and credit for his participation in the Battle of the Bulge was carefully considered.  However, the Army has no formal means of acknowledgment for participation in the Battle of the Bulge.  All World War II battle credit is contained within Army established campaigns. 

2.  In the applicant’s case, the evidence shows that he appropriately received campaign credit for the Central Europe and Rhineland campaigns of World War II.  Accordingly, he received two bronze service stars with his European-African-Middle Eastern Service Medal.  Therefore, his separation document accurately reflects the campaign credit to which he was entitled based on his World War II service in the ETO. 

3.  During the review of this case, it was determined that based on his service in the ETO, the applicant is also entitled to receive the Army of Occupation Medal with Germany Clasp.  Therefore, it would be appropriate to add this award to his record at this time.   

BOARD VOTE:

_ _PM___  ___MM__  __FE___  GRANT 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is entitled to the Army of Occupational Medal with Germany Clasp; and by providing him a corrected separation document that includes this award.  

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 listing the Battle of the Bulge on the separation document of the individual concerned.  

		Fred N. Eichorn
					 CHAIRPERSON

INDEX

CASE ID	AR2003088723	
SUFFIX		
RECON		
DATE BOARDED	2003/12/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1946/03/06	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization 	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.