ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 August 2019 DOCKET NUMBER: AR20180011914 APPLICANT REQUESTS: the records of her deceased father, a former service member (FSM), be corrected, errors as follows: * show all awards and medals * breakdown of his assignments in England, France, Germany, and Austria * list the dates and types of infirmary hospital stays * indicate his participation in battles (Battle of Bastogne, Operation Plunder) * show his overseas credits APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * FSM’s Certificate of Death, on 3 July 2001 * FSM’s Daughter’s Notes and Questions regarding National Archives * Extracts of FSM’s Burned Files * Electronic Mail, Pentagon, dated 9 April 2018 * Electronic Mail, National Archives and Records Administration (NARA) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The FSM’s daughter states she received and reviewed the FSM’s military personnel record. She would like corrections regarding the FSM’s record and asks questions and/or makes statements: a. The FSM arrived in the United Kingdom (UK) on 9 March 1945, departure from Liverpool, England on 29 December 1945. He arrived in France on 13 March 1945. He served in Germany from 3 April 1945 to 11 July 1945 and Austria from 11 July 1945 to 31 July 1945. She asks where her father was during a 9-month period and how much time did he spend in those countries and in Luxembourg or any other location. a. b. She asks about his awards, citations, and decorations, specifically, overseas service bar, European Campaign Medal, Good Conduct Medal, bronze service star for the Central Europe campaign, the World War II Victory Medal, FAME Ribbon (unknown acronym and/or ribbon), and Glider Badge. c. She asks if her father’s service in Europe was part of the Battle of Bastogne, Operation Plunder? If so, she asks if he is authorized the Presidential Unit Citation in order, any other notations? d. She asks if there is a typographical error with a particular date. Hospital infirmary stays referenced in page 9 of the archives data at Camp Croft, SC, December 1944 and February 1945. Germany in April or May 1944 before date of enlistment is this a typo, should it be 1945? She further asks if he had dental issues or other issues reference page 44 item #5, and what defect, wound, injury or disease was incurred in the line of duty? e. She asks about the FSM’s character and efficiency ratings, and questions if the strikethrough and handwritten changes is that legitimate? f. She asks for overseas credit, listed as 6 months, and questions whether it should be 9 months. She goes on to say the FSM was in Europe for a little over 9 months and questions the procedure used for calculating credits. g. She finally inquires about the procedure for making changes to his grave/marker monument, once a final determination is made of the FSM’s awards. 3. The FSM’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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of a semi-burned WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service). 4. Review of the FSM’s WD AGO Form 53-55, and other available documents shows: a. The FSM underwent an entry physical and entered active duty at Fort Jackson, SC on 16 October 1944. b. He departed continental United States on 1 March 1945 and arrived in the European-African-Middle Eastern Theater of Operations (EAMET) on 9 March 1945. He departed the EAMET on 29 December 1946 and arrived back in the United States on 3 January 1945. Deployment credit begins on the date of departure from area of assignment and ends the member returns. In this case, his record shows he was deployed 10 months and 3 days. a. c. His WD AGO Form 24 (Service Record) While in Europe, he was assigned to Company K, 327th Glider Infantry Regiment, on 18 March 1945; Headquarters Company, 3rd Battalion, 327th Glider Infantry, on 9 August 1945; and 2nd Battalion, unknown regiment, on 22 November 1945. d. His WD AGO Form 24 further shows in the Medals, Decorations, and Citations Section, he was awarded a bronze service star for the Central Europe Campaign, the World War II Victory Medal, and the Good Conduct Medal (authorized by Special Orders Number 136, issued by Headquarters, 327th Glider Infantry Regiment on 11 September 1945. e. Another semi-burned section of his WD AGO Form 24 shows “favorably considered for the Good Conduct Medal,” “authorized to wear European Campaign Ribbon,” and :authorized to wear Glider Badge per War Circular 220, dated 1944.” f. He was honorably separated at Fort Bragg, NC due to demobilization on 19 January 1946. He completed approximately 1 year, 3 months, and 3 days of active service, of which 10 months and 3 days was foreign service. g. The WD AGO Form 53-55 also further shows in: * Item 31 (Military Qualifications and Date) None * Item 32 (Battles and Campaigns) he participated in the Central Europe Campaign * Item 33 (Decorations and Citations) the European-African-Middle Eastern Campaign Medal with one bronze service stars and World War II Victory Medal * Item 34 (Wounds Received in Action) the entry "None" h. An Extract from Service Record (WD AGO Form 24), shows the FSM departed the United States on 1 March 1945. He held the rank of Technician 5th Grade, and he was awarded the Good Conduct [Medal] and a bronze service star for participation in the Central Europe Campaign. 5. By regulation (AR 15-185) the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation. Since the WD AGO Form 53-55 is a record of a Soldier's service during World War II and is normally accessible by individuals other than the Soldier, the Board will limit its correction to this form. 6. War Department Technical Manual (TM) 12-235 (Enlisted Personnel - Discharge and Release from Active Duty) governs the preparation of the WD AGO Form 53-55. It states: a. Item 32, enter battles or campaigns as authorized by War Department General Orders. The FSM's WD AGO Form 53-55 lists his participation in the Central Europe Campaign. No documentary evidence of other battles or campaigns. b. Item 33, enter decorations or citations and authority for each. Authorities for service medals need not be entered. (1) The FSM's WD AGO Form 24 clearly indicates he was favorably considered for award of the Army Good Conduct Medal. It is also indicated that he was authorized this award by Special Orders Number 136, issued by Headquarters, 327th Glider Infantry Regiment on 11 September 1945. His WD AGO Form 53-55 does not list this award. (2) DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) identifies the 327th Glider Infantry Regiment as having been awarded the Distinguished Unit Citation (now called Presidential Unit Citation) during the period 18 to 27 December 1944 by WD General Order Number 17, dated 1945. The FSM was not in the ETO during this period. (3) DA Pamphlet 672-1 identifies the 327th Glider Infantry Regiment as having received occupation credit for Germany during the period 2 May 1945 to 31 October 1945. This qualifies the FSM for award of the Army of Occupation Medal with Germany Clasp. (4) The Glider Badge is no longer awarded as of 3 May 1961. A Soldier who was awarded the badge upon satisfying then-current eligibility requirements may continue to wear the badge. Further, it may be awarded retroactively upon application to the U.S. Army Human Resources Command when it can be established that the proficiency tests then prescribed were satisfactorily completed while assigned or attached to an airborne unit or to the Airborne Department of the Infantry School or by participation in at least one combat glider landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander. c. Item 36, enter dates of departure, destination, and date of arrival for each movement between theaters (such as the European Theater of Operations (ETO), Pacific Theater of Operations (PTO)) and between a theater and the United States. Germany, Austria, France, and England fell under the ETO. Japan, the Philippines, Guam, and Midway fell under the PTO. a. d. Item 37, enter length of current period of active duty as represented by continental service and foreign service. The foreign service shown on the WD AGO Form 53-55 is computed by subtracting the date of departure from the United States from the date of arrival back in the United States (add one day to make it inclusive). In the FSM's case, he departed the United States on 1 March 1945, served in the ETO from 9 March 1945 to 29 December 1945, and arrived back in the United States on 3 January 1946. The period between departure and arrival is approximately 10 months and 3 days. 7. The question regarding changes to the FSM's grave/marker monument is not within the purview of this Board. The Department of Veterans Affairs provides guidance regarding burial and headstones in national cemeteries. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. The ABCMR will decide cases on the evidence of record. It is not an investigative body; therefore, the Board does not have the mission to conduct research in order to answer questions proposed by applicants. The FSM’s record shows he was authorized the Army Good Conduct Medal (1st Award) and the Army Occupation Medal; however, these awards were not listed on his separation document. Unfortunately, the fire at the record holding center destroyed many records. The Board did not have information available to confirm specific locations of his service and participation in battles in areas such as France, Germany, and Austria. However, his separation document clearly shows his 10 months and 3 days of overseas service in the EAMET. In addition, there is no medical documentation available to confirm infirmary visits. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending his WD AGO Form 53-55 by adding the following awards: * Army Good Conduct Medal (1st Award) * Army Occupation Medal * Glider Badge 2. The Board further determined 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 adding the Presidential Unit Citation to his separation document. 9/6/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states that, effective 3 May 1961, the Glider Badge is no longer awarded. An individual who was awarded the badge upon satisfying then-current eligibility requirements may continue to wear the badge. Further, it may be awarded retroactively upon application to the U.S. Army Human Resources Command when it can be established that the proficiency tests then prescribed were satisfactorily completed while assigned or attached to an airborne unit or to the Airborne Department of the Infantry School or by participation in at least one combat glider landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander. 3. Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955. 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. //NOTHING FOLLOWS//