IN THE CASE OF: BOARD DATE: 2 June 2015 DOCKET NUMBER: AR20140017690 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 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) be corrected to show the Bronze Star Medal (BSM) awarded for his service during World War (WW) II. 2. The applicant states he has no record of being awarded the BSM. The medal was awarded after his discharge. He received the medal but not the orders. He was informed that the BSM should be documented in his records. 3. The applicant provides his WD AGO 53-55 and a DD Form 214 (Report of Separation from the Armed Forces of the United States). 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 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, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case. 3. His WD AGO Form 53-55 shows: a. On 8 July 1943, he was inducted into the Army of the United States and he entered active duty on 29 July 1943. b. He served with Company E, 405th Infantry Regiment, 102nd Infantry Division. c. On 8 January 1944, he departed the United States and arrived in the European Theater of Operations (ETO) on 15 January 1944. On 20 April 1946, he departed the ETO and arrived in the United States on 30 April 1946. d. His decorations, citations, and badges include: * Army Good Conduct Medal * Purple Heart * WW II Victory Medal * American Theater Ribbon (now known as the American Campaign Medal) * European-African-Middle Eastern (EAME) Theater Ribbon (now known as the EAME Campaign Medal) with two bronze service stars * two overseas service bars * Combat Infantryman Badge (CIB) * Marksman Marksmanship Qualification Badge with Rifle Bar e. He was honorably discharged on 4 May 1946. 4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 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 WW II. b. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955. Service between 9 May 1945 and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945. 5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credit for World War II. This pamphlet shows the 405th Infantry Regiment received occupation credit for Germany for the period 2 May 1945 through 31 October 1945. DISCUSSION AND CONCLUSIONS: 1. Based on the applicant's award of the CIB, he is entitled to award of the BSM based on policies enacted subsequent to his separation. Therefore, it would be appropriate to award him the BSM based on award of the CIB and correct his records to show this award. 2. The evidence of record shows he was assigned to the 405th Infantry, 102nd Infantry Division during the time it was awarded credit for the occupation of Germany. Therefore, his WD AGO Form 53-55 should be corrected to show award of the Army of Occupation Medal with Germany Clasp. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 BSM based on award of the CIB; and b. adding the following awards to his WD AGO Form 53-55: * BSM * Army of Occupation Medal with Germany Clasp _______ _ 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) AR20140017690 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140017690 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1