IN THE CASE OF: BOARD DATE: 28 August 2008 DOCKET NUMBER: AR20080008974 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 Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the Bronze Star Medal. 2. The applicant states, in effect, that he did not know he had earned the Bronze Star Medal and would like to have it added to his WD AGO Form 53-55. 3. The applicant provides a copy of his WD AGO Form 53-55. COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: Counsel submitted the applicant’s request and asked to be kept informed of all action taken by the Board. 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 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. 3. The applicant’s WD AGO Form 53-55 shows: a. that his organization was Company G, 156th Infantry Regiment; b. that he was inducted into the Army of the United States and entered active duty on 27 October 1942; c. that he was an infantryman with a military occupational specialty 745 (Rifleman); d. that he was assigned to the European Theater of Operations (ETO) and arrived in the theater on 18 March 1943; e. that he participated in five campaigns in the ETO; f. that he qualified as a marksman with the M-1 rifle and was awarded the Combat Infantryman Badge; g. that his awards include the Purple Heart, Distinguished Unit Citation, European-African-Middle Eastern Campaign Medal with five bronze service stars, and the Good Conduct Medal; and h. that he was honorably discharged on 16 October 1945. 4. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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. 5. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his separation documents. 6. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This 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, 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. 7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows that the applicant was awarded the Combat Infantryman Badge for his service in the European Theater of Operations during World War II. Accordingly, he is also entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge. Therefore he should be awarded the Bronze Star Medal. 2. Records clearly show that the applicant served during a qualifying period for award of the American Campaign Medal and the World War II Victory Medal. Therefore, his WD AGO Form 53-55 should be corrected to show these awards. BOARD VOTE: __X_____ __X_____ ___X ___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 based on award of the Combat Infantryman Badge; and b. showing that, in addition to the awards already shown on his WD AGO Form 53-55, that his awards include the Bronze Star Medal, American Campaign Medal, and the World War II Victory 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. ABCMR Record of Proceedings (cont) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008974 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1