RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           16 DECEMBER 2003                   
	DOCKET NUMBER:   AR2003089133

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A Crumpler		Chairperson	
	Mr. John N. Slone		Member	
	Ms. Shirley L. Powell		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 that his records be corrected to show participation in the Rhineland Campaign during World War II.

2.  The applicant states, in effect, that he should have an additional bronze service star denoting participation in the Rhineland Campaign.  He states other members of his unit have received the additional bronze service star.  He states that the second bronze star was unknown “until investigation by research by members.”

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 
13 February 1946.  The application submitted in this case is dated 25 March 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.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

4.  Information available to the Board indicates that the applicant entered active duty on 9 October 1942 and arrived in the European Theater of Operations on 
17 February 1945 where he was assigned to the 412th Armored Field Artillery Battalion.  He remained with that unit until departing the European Theater of Operations on 26 July 1945.

5.  The applicant was honorably discharged as a result of demobilization on 
13 February 1946.  His separation document reflects entitlement to one bronze service star on his European-African-Middle Eastern Campaign Medal denoting participation in the “Central Europe” campaign period.

6.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) note that the 412th Armored Field Artillery Battalion was credited with participating in only one campaign, the Central Europe Campaign, during World War II.  It was not credited with participating in the Rhineland Campaign.

7.  The pamphlet does, however, note that the 412th Armored Field Artillery Battalion was also awarded the Army of Occupation Medal with “Germany” clasp during the applicant’s period of assignment with the organization.  That decoration was omitted from the applicant’s separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that while the applicant was assigned to the 412th Armored Field Artillery Battalion in the European Theater of Operations, that unit was credited with participating in only one designated campaign during World War II.  The information reflected on the applicant’s separation document is correct.

2.  Records show the applicant should have discovered the error or injustice now under consideration on 13 February 1946, the date of his separation from active duty.  However, the ABCMR was not established until 2 January 1947.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse the failure to timely file.

3.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__SAC__  __JNS __  __SLP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show entitlement to the Army of Occupation Medal with “Germany” clasp.

		__Samuel A. Crumpler______
		        CHAIRPERSON

INDEX

CASE ID	AR2003089133	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031216	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.