IN THE CASE OF:	  

		BOARD DATE:	       16 April 2009

		DOCKET NUMBER:  AR20080019476 


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 award of the Bronze Star Medal.

2.  The applicant states there was an oversight by the clerk at the time of his separation.

3.  The applicant provides, in support of his application, a partial copy of a 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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant and his final payment worksheet. 

3.  The applicant is shown to have served on active duty from 18 February 1944 through 17 May 1946.

4.  The WD AGO 53-55 shows his authorized awards as the European-African-Middle Eastern Campaign Medal with one bronze service star, the Good Conduct Medal, the World War II Victory Medal, the Purple Heart, the Distinguished Unit Badge, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  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.

6.  The Final Payment worksheet confirms that the applicant was authorized Combat Infantry Pay.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant is shown to have been awarded the Combat Infantryman Badge during WW II.  Based on this award, he is authorized award of the Bronze Star Medal for meritorious achievement during World War II.

2.  With the loss of the applicant's service records, it is impossible to determine if the applicant was considered for or awarded the Bronze Star Medal based on any criteria other than that cited above.

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 showing the applicant is authorized the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II.




      _______ _   _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)                                         AR20080019476





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ABCMR Record of Proceedings (cont)                                         AR20080019476



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