IN THE CASE OF: BOARD DATE: 1 March 2023 DOCKET NUMBER: AR20220007671 APPLICANT REQUESTS, in effect: a. reconsideration of his previous request to show his deceased father (a former service member (FSM)) held the rank and pay grade of corporal (CPL)/E-4 at the time of his separation. b. award of the Bronze Star Medal. c. correction of the FSM's WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to add the following awards: * Bronze Star Medal * American Campaign Medal * World War II Victory Medal * Area of Occupation Medal with Germany Clasp d. a video/telephone appearance before the Board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) with handwritten notes, 29 September 1945 * Honorable Discharge Certificate with handwritten notes, 29 September 1945 * Bronze Star Medal recommendation, undated * Certificate of Executor, 14 November 1994 * FSM's Death Certificate, 3 October 1994 * Letter, U.S. Army Reserve Personnel Center, 2 December 1996 * DA Form 149 (Docket Number AR1999029601), 21 July 1999 * Docket Number AR1999029601, 27 June 2000 * Memorandum, Army Board for Correction of Military Records (ABCMR), 30 June 2000 * Letter, ABCMR, 30 June 2000 * Packing slip, Tank-automotive and Armaments Command (TACOM), Acquisition Center Integrated Logistics Support Center (ILSC), undated * Listing of the names of fellow Soldiers, undated * Obituary, undated * Grave marker information, undated * Lone Sentry Booklet, undated * News Article * Applicant's letter to Member of Congress, 22 March 2022 * National Personnel Records Center (NPRC) memorandum, 8 April 2022 * Congressional Authorization form, undated * Congressional correspondence, 27 April 2022 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR1999029601 on 27 June 2000. In this case the Board denied the applicant's request to correct the FSM's rank to show CPL instead of private first class (PFC)/E-3. 2. The applicant's request to correct the FSM's record to show award of the American Campaign Medal and the World War II Victory Medal will be addressed through administrative correction; therefore, not discussed in this Record of Proceedings. 3. The applicant states, in effect, the FSM served as a military policeman (MP) and he was assigned to the 803rd MP Company. The FSM told the applicant that others in his unit received the Bronze Star Medal for their participation in the Battle of the Bulge. The FSM also stated that he was in the Ardennes area in Belgium during December 1944, directing military traffic with two other MPs at a crossroads/intersection during combat conditions. When the battle was over the other two MPs received the Bronze Star Medal. The FSM informed the applicant that he never got his medal and he believed it was some type of administrative error. 4. The majority of the applicant’s military records are not available for review. A fire destroyed approximately 18 million service members’ records at the NPRC in 1973. The NPRC believes that the applicant’s 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. His reconstructed records contain: a. A WD AGO Form 53-55 which shows the following entries: (1) The FSM he enlisted in the Regular Army on 13 January 1939 and entered active duty on the same day; he held military occupational specialty 677 (MP). (2) He arrived in the Central Pacific Theater of Operations (CPTO) on 8 March 1939 and departed on 4 March 1941. (3) He arrived in the European Theater of Operations (ETO) on 19 October 1943 and departed on 9 September 1945 (4) The highest grade held was CPL, but he held the pay grade of PFC at the time of his discharge. (5) The FSM was honorably discharged on 29 September 1945, by reason of convenience of the government (demobilization); He was assigned to “Company A, 507th Military Policy Battalion” at the time of his separation. (6) He participated in the following campaigns: * Ardennes * Central Europe * Normandy * Northern France * Rhineland (7) He was awarded or authorized * American Defense Service Medal * European-African-Middle Eastern Campaign Medal with bronze arrowhead * Good Conduct Medal * Asiatic Pacific Service Medal b. A Final Payment Roll document which shows the applicant held the rank of private first class on 29 September 1945. c. A WD AGO Form 100 (Army Separation Qualification Record), 29 September 1945, which shows the applicant's pay grade as PFC. 5. The FSM's reconstructed record is void of documents listing his unit of assignment as the 803rd MP Company or orders showing the applicant was promoted to the permanent or temporary rank of CPL. 6. The applicant provides: a. A handwritten recommendation for award of Bronze Star Medal from the former Commander, 803rd MP Company during World War II. This individual stated, in effect, that the FSM excelled in every mission that he was assigned to especially the "Ardennes Offensive" also known as the Battle of the Bulge. The FSM, without regard to his safety, escorted and directed elements of the 7th Armored Division along "N-32" which was under heavy artillery fire most of the time. The 803rd MP Company landed on Normandy Beach and received a bronze arrowhead and a unit citation. b. A letter from the U.S. Army Reserve Personnel Center, Special Inquiries Branch, 2 December 1996, which shows a review of the FSM's separation document failed to show his entitlement for the Bronze Star Medal. This document does show the applicant was awarded the European-African-Middle Eastern Campaign Medal with bronze service star (single) and arrowhead. c. A NPRC letter, 8 April 2022, listing the FSM authorized awards. This document does not list the Bronze Star Medal; however, it does show the applicant was awarded the European-African-Middle Eastern Campaign Medal with bronze service star and arrowhead. d. A list of family, friends and Soldier's names provided as references for the FSM's application for the Bronze Star Medal. e. Obituary for a Soldier identified by the applicant as an "eyewitness" and the FSM's grave marker. f. A booklet, Lone Sentry, MP: The Story of the Corps of MP. This booklet was published by the Orientation Branch, Information and Education Division, in cooperation with Major General MAF, former commander of the Corps of MP. It states the FSM escorted the 7th Armored Division along "N-32" until contact was made with enemy tanks near Waimes, Belgium. This origin of the information in the booklet cannot be determined. g. Article, The Dead of Malmedy, which lists the names of 67 Soldiers that died in the massacre at Malmedy, Belgium during the Battle of the Bulge (16 December 1944 to 25 January 1945). 7. War Department Technical Manual 12-236 (Preparation of Separation Forms) provides that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component. This manual states that item 3 (Grade) shows the grade held by the enlisted member at the time of separation and item 38 (Highest Grade Held) shows the highest grade held by the enlisted member during the current period of active duty. 8. During WWII, the Bronze Star Medal was 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. 9. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on public law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined the FSM’s record is absent evidence showing any recommendation through his chain of command to support the applicant’s claim for award of a Bronze Star Medal. However, the Board determined there was sufficient evidence to support the FSM met the criteria and timeline for award of the Area of Occupation Medal with (Germany Clasp). Based on this, the Board granted partial relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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. In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 53-55 awarding the FSM the Area of Occupation Medal with (Germany Clasp). 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 award of the Bronze Star Medal. 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. ADMINISTRATIVE NOTE(S): A review of the FSM’s records shows he is authorized additional awards not annotated on his WD AGO 53-55 for the period ending 29 September 1945. As a result, amend his WD AGO 53-55 by adding the following awards: * American Campaign Medal * World War II Victory Medal REFERENCES: 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 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. 2. War Department Technical Manual 12-236 (Preparation of Separation Forms) provides that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component. It states that item 3 shows the grade held by the enlisted member at the time of separation and item 38 shows the highest grade held by the enlisted member during the current period of active duty. 3. Department of Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows the 803rd Military Police Company was authorized or awarded: a. Campaign credit for Ardennes-Alsace, Central Europe, and Rhineland. b. The Meritorious Unit Commendation for the period 6 June 1944 to 18 May 1945 in Department of the Army General Orders 77, Headquarters, V Corps, 14 June 1945. c. The Army of Occupation Medal with Germany Clasp for the period 2 May 1945 to 31 October 1945. 4. Army Regulation 600-8-22 (Military Awards) states: a. During WWII, the Bronze Star Medal was 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. b. The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year. c. The World War II (WWII) Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. d. The European-African-Middle Eastern Campaign Medal (EAME) is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945. This 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. (1) The bronze service star is authorized for each campaign for which the individual was assigned or attached to, and present for duty with, a unit during the period in which it participated in combat or when under orders in the combat zone and awarded a combat decoration or certificate of actual combat participation by a CG of a corps or higher unit or independent force. (2) The arrowhead is authorized for wear on this medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission. e. The Army of Occupation Medal with Germany Clasp is awarded for 30 consecutive days at a normal post of duty (duty as an inspector, visitor, courier, escort, passenger, temporary duty, or detached service are precluded from eligibility) while assigned to Germany between 9 May 1945 and 5 May 1955 and will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945. 5. AR 15-185, ABCMR, prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. Additionally, applicants may be represented by counsel at their own expense. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007671 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1