IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017447 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ___x ____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017447 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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. IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017447 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 his unit of assignment as the 106th Infantry Division and award of the French Legion of Honor. 2. He states he was drafted on 11 March 1943 and he attended basic training at Camp Atterbury, SC. He was assigned to the 106th Infantry Division and toured Europe with the same unit. After the Battle of the Bulge, the unit was redesignated and he was sent to Camp Lucky Strike prior to his assignment in England. After his tour in England, he returned to Camp Atterbury and he was subsequently discharged on 7 November 1945. He hired an historian who verified his tour of duty with the 106th Infantry Davidson through morning reports. Based on the error within his discharge document, he has not been able to apply for the French Legion of Honor Medal or other awards he believes he is entitled to for his service. 3. He provides: * Pay Roll, dated March 1943 * Company Morning Reports * Battery Order Number 6, dated 30 September 1944 * WD AGO Form 53-55 with Honorable Discharge Certificate * Separation Qualification Record * History of the 106th Infantry Division * Power of Attorney, dated 31 January 2008 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 record is 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 his records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case, including the applicant's WD AGO Form 53-55, and the documents he provided. 3. His WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 11 March 1943. 4. The applicant provides: a. A pay roll document of Battery C, 592nd Field Artillery (FA) Battalion, dated 4 April 1943, that states the applicant reported for active duty at Fort Custer, MI. He was subsequently assigned to Battery C, 592nd FA Battalion. b. The company morning reports for Battery C, 592nd FA Battalion contain the applicant's name on 9 April 1944, 20 April 1944, 23 May 1944, 9 June 1944, 9 July 1944, 11 August 1944, 19 August 1944, 7 September 1944, and 17 September 1944. c. Battery Order Number 6, issued by Battery C, 592nd FA Battalion, dated 30 September 1944, shows he was awarded MOS 864 (Ammunition Handler). d. The document on the history of the 106th Infantry Division stated the division activated on 15 March 1943 at Fort Jackson, SC and moved to Second Army on 24 January 1944. They arrived in England on 17 November 1944 and landed in France on 6 December 1944; crossed into Belgium on 10 December 1944 and returned to France on 16 March 1945. One of the organizations listed in 1944 was the 592nd FA Battalion. 5. His WD AGO Form 53-55 shows he was honorably discharged on 7 November 1945 after completing 2 years, 7 months, and 27 days of active military service. This form also contains the following pertinent information. a. Item 6 (Organization) shows C Battery, 19th FA Battalion. b. Item 30 (Military Occupational Specialty (MOS) and Number) shows Ammunition Handler Number 864. c. Item 31 (Military Qualifications and Date) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar. d. Item 32 (Battles and Campaigns) shows he participated in: * Northern France * Ardennes * Rhineland * Central Europe e. Item 33 (Decorations and Citations) shows he was awarded the: * American Campaign Medal * European-African-Middle Eastern Campaign Medal with four bronze service stars * Army Good Conduct Medal (1st Award) f. Item 34 (Wounds Received in Action) shows "None." g. Item 36 (Service outside Continental United States and Return) shows he arrived in the European-African-Middle-Eastern theater of operations on 17 November 1944 and departed on 22 August 1945. h. Item 55 (Remarks) shows he was issued an Honorable Service Lapel Button. REFERENCES: 1. Army Regulation 600-45 (Foreign Decorations) stated that during World War II and for 1 year thereafter, Congress authorized acceptance from the governments of co-belligerent nations, neutral nations, or the other American Republics of such decorations as could be conferred by those governments upon members of their own military forces. Prior to acceptance, the award must have been approved by the War Department or by a commander specifically designated by the War Department. Each award of a foreign decoration must have included a citation, order, certificate, or decision by the foreign government naming the person for whom the award was intended. The Adjutant General, or the commander authorized to accept foreign decorations, notified members of the Army of the United States of authority to receive and wear such foreign decorations. 2. Appendix E (Foreign Decorations) of Army Regulation 600-8-22 (Military Awards) provides for award of the French Legion of Honor as an approved foreign individual award. 3. Research shows the Legion of Honor, or in full the National Order of the Legion of Honor (French: Ordre national de la Légion d'honneur) is a French order established by Napoleon Bonaparte, First Consul of the First Republic, on 19 May 1802. The Order is the highest decoration in France and is divided into five various degrees: Chevalier (Knight), Officier (Officer), Commandeur (Commander), Grand Officier (Grand Officer), and Grand Croix (Grand Cross). 4. Technical Manual 12-235 (Enlisted Personnel Discharge and Release from Active Duty) provides guidelines for the preparation of the WD AGO Form 53-55. This manual states that the report of separation is completed from the service record, Soldier's qualification card, immunization register, and information ascertained by interview with the dischargee. This form provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The manual provides a brief description of each entry made on the form. In item 6, the preparer is to enter the last unit, or similar element to which the Soldier was assigned, rather than the element of which he was a part while moving to a separation activity. DISCUSSION: 1. There is no evidence such as an order, citation, certificate, or a decision by the Government of France awarding the applicant the Legion of Honor Medal. 2. The evidence provided shows the applicant was assigned to the 592nd FA Battalion and it appears in 1944, the Battalion was a part of the 106th Infantry Division. There is no evidence and the applicant did not provide any to show that his last unit of assignment was in fact the 106th Infantry Division. Therefore, without evidence to counter the information listed on the applicant’s separation documents, it appears that his last duty assignment listed on his WD AGO Form 53-55 is correct as constituted. /NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017447 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017447 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2