BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160014082 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160014082 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 Bronze Star Medal for meritorious achievement during the period 7 January 1944 to 4 June 1944 (Standard Name Line: Private First Class, Company H, 338th Infantry Regiment, 85th Infantry Division), and b. issuing a DD Form 215 to correct item 33 of his WD AGO Form 53-55 by adding the Bronze Star Medal and Presidential Unit Citation. 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 the Army of Occupation Medal. _____________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. BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160014082 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 award of the Presidential Unit Citation and the Army of Occupation Medal. 2. The applicant states that he entered the European-African-Middle Eastern Theater of Operations (EAMETO) on 7 January 1944 at Casablanca, Morocco, Africa, as a member of Company H, 338th Infantry Regiment, 85th Infantry Division. He participated in three campaigns in Italy during 1944 and 1945 (as indicated on his WD AGO Form 53-55). He notes that the Northern Apennines campaign was from 10 September 1944 to 4 April 1945 and encompasses the timeframe during which the 338th Infantry Regiment was awarded the Presidential Unit Citation (13 September to 18 September 1944). a. He states that after the war ended in 1945 he transferred to the 34th Infantry Division and then to the 88th Infantry Division. He adds that his discharge document shows his last unit of assignment was Company M, 351st infantry Regiment. b. On 14 January 2015, he requested his awards and decorations from the National Personnel Records Center (NPRC). His WD AGO Form 53-55 shows he was awarded the Army Good Conduct Medal, World War II Victory Medal, and Combat Infantryman Badge. It also shows he was awarded the European-African-Middle Eastern Campaign Medal and participation credit for the Rome Arno, Northern Apennines, and Po Valley campaigns in Italy. The awards he requested from NPRC included those recorded on his WD AGO Form 53-55, along with the Presidential Unit Citation and the Army of Occupation Medal. (1) On 28 May 2015, an NPRC technician notified him he was authorized the Bronze Star Medal and the Army Honorable Service Lapel Button for his service during World War II. However, his entitlement to the Presidential Unit Citation and the Army of Occupation Medal were not addressed. (2) On 2 September 2015, the applicant sent a follow-up letter to the NPRC concerning the two decorations. He included a copy of Department of the Army, General Orders (DAGO) Number 9, issued on 21 October 1947. (3) On 15 October 1945, he received a letter from NPRC that stated, in pertinent part, "The record needed to answer your inquiry is not in our files. The NPRC has no authority to review and approve amendment or corrections to military records. This is a function of the Review Boards of the military service departments. The enclosed DD Form 149 (Application for Correction of Military Record) should be sent to the appropriate address listed on the form." 3. The applicant provides a self-authored statement (summarized above) and copies of: * the two NPRC letters, dated 28 May 2015 and 15 October 2015 * an extract of DAGO Number 9, dated 21 October 1947 * two general orders * his WD AGO Form 53-55 and Honorable Discharge Certificate 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 service records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there are sufficient records available for the Board to conduct a fair and impartial review of this case. 3. A WD AGO Form 53-55 shows the applicant was inducted into the Army of the United States on 19 June 1943 and he entered active duty on 3 July 1943. He was honorably discharged on 14 December 1945 for the convenience of the Government. He had completed 6 months and 16 days of continental service; 1 year, 11 months, and 10 days of foreign service; and 2 years, 5 months, and 26 days of total service for pay purposes. It also shows, in pertinent part, in: * item 3 (Grade): Staff Sergeant * item 4 (Arm or Service): Infantry * item 6 (Organization): Company M, 351st Infantry Regiment * item 30 (Military Occupational Specialty and Number): Platoon Sergeant * item 31 (Military Qualification and Date): Combat Infantryman Badge * item 32 (Battles and Campaigns) – * Rome-Arno * Northern Apennines * Po Valley * item 33 (Decorations and Citations) – * European-African-Middle Eastern Campaign Medal * Good Conduct Medal * World War II Victory Medal * item 36 (Service Outside Continental United States (CONUS) and Return): * CONUS – departed 29 December 1943 * EAMETO – arrived 7 January 1944 * EAMETO – departed 30 November 1945 * CONUS – arrived 8 December 1945 * item 55 (Remarks): Lapel Button Issued 4. In support of his application the applicant provides, in pertinent part, the following documents: a. NPRC, St. Louis, MO, letter, dated 28 May 2015, that shows an NPRC technician authorized shipment of awards shown on his WD AGO Form 53-55 and also the Bronze Star Medal. b. Headquarters, 338th Infantry, General Orders Number 5, dated 4 June 1944, that shows the applicant was assigned to Company H, 338th Infantry, and awarded the Combat Infantryman Badge. c. Headquarters, 338th Infantry, General Orders Number 24, dated 17 July 1944, that shows the applicant was assigned to Company H, 338th Infantry, and awarded the Good Conduct Medal. 5. A review of the available military personnel records failed to reveal orders or an award certificate showing the applicant was awarded the Bronze Star Medal. This review also failed to show a DD Form 215 (Correction to DD Form 214) was issued adding the Bronze Star Medal to item 33 of his WD AGO 53-55. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal 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 Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. b. The European-African-Middle Eastern Campaign Medal is awarded for service within the EAMETO between 7 December 1941 and 8 November 1945. (1) This service medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat. (2) A bronze service star will be worn on the service medal based on qualifying service for each campaign listed in Appendix B of this regulation. c. The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. (1) Qualifying service in Italy included service in the compartment of Venezia Giulia E. Zara or Province of Udine between 9 May 1945 and 15 September 1947 or with a unit in Italy as designated in DAGO Number 4, dated 2 October 1947. Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945. (2) The Army of Occupation Medal Clasp is authorized for wear on the Army of Occupation Medal. Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany." d. The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 2. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists unit awards, campaign participation, and occupation credit of units that served during World War II. a. It shows during the applicant's tour in the EAMETO his unit participated in the following campaigns: * Rome-Arno (22 January - 9 September 1944) * Northern Apennines (10 September 1944 - 4 April 1945) * Po Valley (6 April - 8 May 1945) b. It also shows the 338th Infantry Regiment, 85th Infantry Division, was cited for award of the Distinguished Unit Citation during the period 13 to 18 September 1944 in DAGO Number 9 (1947). c. If further shows that neither the 338th Infantry Regiment nor the 351st Infantry Regiment received occupation credit. 3. DAGO Number 9, Washington, DC, dated 21 October 1947, shows the 338th Infantry Regiment, 85th Infantry Division, was cited for outstanding performance of duty in action against the enemy from 13 to 18 September 1944. 4. A review of Internet websites pertaining to the history of U.S. Army units revealed the two units under review were deployed to Italy during the following periods: * 338th Infantry Regiment, 85th Division – January 1944 to July 1945 * 351st Infantry Regiment, 88th Division – February 1944 to October 1947 DISCUSSION: 1. Records show the applicant entered active duty on 3 July 1943 and he was honorably discharged on 14 December 1945. 2. The applicant was assigned to Company H, 338th Infantry Regiment, 85th Infantry Division, and he entered the EAMETO on 7 January 1944. a. He qualified for award of the European-African-Middle Eastern Campaign Medal based on his assignment and combat service in the EAMETO. b. On 4 June 2014, he was awarded the Combat Infantryman Badge. The evidence of record shows an award of the Combat Infantryman Badge for service during World War II is considered to be a citation in orders and authorizes award of the Bronze Star Medal to the individual. c. The applicant's unit participated in three campaigns in Italy spanning the period from 22 January 1944 to 8 May 1945. The applicant was authorized three bronze service stars for wear on the European-African-Middle Eastern Campaign Medal for his participation in the campaigns. 3. The 338th Infantry Regiment, 85th Infantry Division, was awarded the Presidential Unit Citation for actions during the period 13 to 18 September 1944. 4. The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in Italy between 9 May 1945 and 15 September 1947. At the time, eligibility for the Army of Occupation Medal was dependent upon being assigned to a unit that received occupation credit. The available records do not show that the applicant was assigned to a unit that received occupation credit. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014082 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014082 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2