IN THE CASE OF: BOARD DATE: 11 DECEMBER 2008 DOCKET NUMBER: AR20080015669 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 that he be awarded the Bronze Star Medal (BSM). 2. The applicant states that he should have been awarded the BSM based on his award of the Combat Infantryman Badge (CIB). 3. The applicant provides a copy of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) and his 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 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 was born on 4 July 1926 and was inducted at Fort Oglethorpe, Georgia, on 11 October 1944. He completed his training and was transferred to the European theater of operations (ETO) on 28 February 1945. 4. He was assigned to Company L, 301st Infantry Regiment, 94th Infantry Division, and participated in the Rhineland and Central Europe Campaigns. He was advanced to the rank of private first class on 28 March 1946 and on 1 August 1946 he departed the ETO for return to the United States. He arrived in the Continental United States on 11 August 1946 and was transferred to Fort Meade, Maryland, where he was honorably discharged on 16 August 1946. 5. His WD AGO Form 53-55 reflects that he was awarded the CIB, the Good Conduct Medal, the Army of Occupation Medal with Germany clasp, the European-African-Middle Eastern (EAME) Campaign Medal, the World War II Victory Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). The WD AGO Form 53-55 also shows he participated in two campaigns. 6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 BSM is to be awarded to individuals who were authorized either badge for service during World War II (WWII). 7. Appendix B of Army Regulation 600-8-22 lists the WWII campaigns. During the applicant's tour of duty in the European theater credit was awarded for participation in two campaigns. This same regulation states that a bronze service star will be awarded for wear on the EAME Campaign Medal for participation in each qualifying campaign. DISCUSSION AND CONCLUSIONS: 1. The applicant was awarded the CIB during WWII and thus is entitled to be awarded the BSM for meritorious service during WWII. Accordingly, it would be in the interest of justice to do so at this time. 2. Additionally, the applicant is also entitled to be awarded two bronze service stars for wear on his EAME Campaign Medal to denote his campaign participation. BOARD VOTE: ____X____ __X______ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 awarding him the BSM for meritorious service during WWII and two bronze service stars for wear on his already awarded EAME Campaign Medal. 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during WWII are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _________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) AR20080015669 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080015669 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1