IN THE CASE OF: BOARD DATE: 13 January 2009 DOCKET NUMBER: AR20080014322 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, as the daughter of a deceased former service member (FSM), requests correction of her father's records to show award of the Bronze Star Medal. 2. The applicant states that her father is entitled to award of the Bronze Star Medal in accordance with Army Regulation 600-8-22 (Military Awards). 3. The applicant provides a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). 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 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 that the FSM’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 FSM was inducted into the Army on 20 February 1943 and entered active duty on 27 February 1943. He arrived in the European-African-Middle Eastern Theater of Operations on 15 September 1944 and departed on 15 July 1945. 4. The FSM was discharged on 28 October 1945 in the rank of private first class. His WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Army Good Conduct Medal, and the Purple Heart as authorized awards. 5. Item 31 (Military Qualification and Date) on his WD AGO Form 53-55 indicates he was awarded the Combat Infantryman Badge on 15 January 1945. 6. Army Regulation 600-8-22 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. 7. 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, 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. 8. Army Regulation 600-8-22 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 FSM was awarded the Combat Infantryman Badge during World War II. Therefore, he is eligible for award of the Bronze Star Medal and correction of his records to show this decoration. 2. The FSM served a period of qualifying service for award of the American Campaign Medal and the World War II Victory Medal. Therefore, these awards should be added to his discharge document. 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 adding award of the Bronze Star Medal, the American Campaign Medal, and the World War II Victory Medal to his WD AGO Form 53-55. _______ _ xxx_______ ___ 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) AR20080014322 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080014322 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1