BOARD DATE: 6 January 2015 DOCKET NUMBER: AR20140009203 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 his WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service ) be corrected to show the Bronze Star Medal (BSM) awarded for his service during World War II. 2. The applicant states he was awarded the Combat Infantryman Badge (CIB) during World War II and was told this qualifies him for the BSM. He is 96 years old and asks his request be handled expeditiously. 3. The applicant provides his WD AGO Form 53-98 and a 4-page printout from the Tank-Automotive Center (TACOM) Clothing and Heraldry website 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 complete military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Record Center in 1973. It is believed his 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. 3. He was inducted into the Army of the United States on 25 January 1941, and, upon completion of Officer Candidate School, he was commissioned in the Infantry as a second lieutenant on 25 June 1942. He served in the European Theater from 15 May 1944 to 9 February 1945 and was assigned to Company I, 314th Infantry Regiment. At the time of his release from active duty he held the rank of first lieutenant. 4. His WD AGO Form 93-98, item 29 (Decorations and Citations) shows the award of the CIB. Additional awards shown are the Purple Heart and the European-African-Middle Eastern (EAME) Ribbon (now titled European-African-Middle Eastern Campaign Medal) with 3 bronze service stars. 5. Army Regulation 600-8-22 (Military Awards) provides: a. 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 CIB or the Combat Medical Badge is considered to be a citation in orders for the BSM. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II. b. The American Campaign Medal is awarded for service within the American Theater, defined as the continental limits of the United States, between 7 December 1941 and 2 March 1946, for an aggregate period of 1 year. It is also given to Soldiers who were in active combat against the enemy and awarded a combat decoration. c. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946. 6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 3rd Battalion (the battalion Company I was in), 314th Infantry Regiment was awarded the Presidential Unit Citation (then titled the Distinguished Unit Citation) for service from 20 to 23 September 1944. DISCUSSION AND CONCLUSIONS: 1. By Army Regulation 600-8-22, an award of the CIB is considered to be a citation in orders for the BSM. He was awarded the CIB and is therefore entitled to have his WD AGO Form 53-98 corrected to show the award of the Bronze Star Medal. 2. He served a qualifying period of service for award of the American Campaign Medal and the World War II Victory Medal. His records should be corrected to show these awards. 3. He was assigned to the 314th Infantry Regiment when it received the Presidential Unit Citation. His records should be corrected to show this award. 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: * awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge for service in World War II from 15 May 1944 to 9 February 1945 * adding to item 29 of his WD AGO Form 53-98 the Bronze Star Medal, American Campaign Medal, World War II Victory Medal, and Presidential Unit Citation _________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) AR20140009203 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140009203 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1