Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9710857
Original file (9710857.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Award of the Bronze Star Medal. In support of his request he submits a 1994 letter from another soldier who relates he was with the applicant in March 1944 when the applicant was seriously wounded by enemy artillery fire “while repairing telephone field wire for the 30th Infantry, 3rd Division.” He states the applicant was evacuated and he later heard from another solider injured during the same attack that the applicant had been recommended for award of the Bronze Star Medal.
PURPOSE : To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD : The applicant's military records show:

He was inducted and entered active duty on 30 October 1941. He arrived in the European Theater of Operations in December 1942 where he performed duties as a cook with the 3 rd Signal Company, 3 rd Infantry Division.

On 8 March 1944, near Conta Belta, Italy, the applicant sustained multiple fragment wounds when an enemy shell exploded. He was initially treated at the 10 th Engineer Battalion Aid Station and ultimately evacuated to the United States in July 1944 and released from active duty with a certificate of disability on 23 October 1945. He was awarded the Purple Heart on 22 March 1944 while at the 23 rd General Hospital.

The applicant’s WD AGO Form 53-55, which the applicant authenticated, does not reflect the Bronze Star Medal as an authorized award.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal and the Air Medal are awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. There is no evidence, and the applicant has not provided any which confirms he was ever recommended for or awarded the Bronze Star Medal.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION : The alleged error or injustice was, or with reasonable diligence should have been discovered on
23 October 1945, the date he was discharged from active duty and signed his report of separation. However, in view of the fact that the board was not established until 2 January 1947 the applicant’s 3 year period in which to file an application for correction of military records expired on
2 January 1950; 3 years from the date the Board was established.

The application is dated 30 November 1995 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION : The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE :

EXCUSE FAILURE TO TIMELY FILE

GRANT FORMAL HEARING

CONCUR WITH DETERMINATION



                  Karl F. Schneider
                  Acting Director

Similar Decisions

  • ARMY | BCMR | CY2004 | 040006349C070208

    Original file (040006349C070208.doc) Auto-classification: Denied

    A 13 November 1944 medical report prepared by a doctor of Company C, 109th Medical Battalion, indicates that the applicant had a lacerated wound to the third finger of his right hand accidentally incurred when he fell on broken glass on 31 October 1944 near Crosetto, Italy. While the Board has no reason to doubt the statement of events he has provided regarding his wound, the medical evidence clearly shows that his wound was accidental, and not as a result of hostile action. The evidence...

  • ARMY | BCMR | CY2011 | 20110009349

    Original file (20110009349.txt) Auto-classification: Denied

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for the period ending 26 January 1946 to show award of the Purple Heart. The applicant provided a memorandum from the Adjutant of Headquarters, Special Troop, AFWESPAC, dated 27 November 1945 addressed to the Commander, Company C, 172nd Infantry, 43rd Division requesting information whether the applicant was ever eligible for the Combat Infantryman Badge and the Purple...

  • ARMY | BCMR | CY2014 | 20140019441

    Original file (20140019441.txt) Auto-classification: Approved

    The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to add: * two missing campaigns (Sicily and Anzio) * two additional bronze service stars to his previously awarded European-African-Middle Eastern Campaign Medal with "5" bronze service stars * two additional awards of the Purple Heart * Army of Occupation Medal (Germany) * American Campaign Medal 2. ...

  • ARMY | BCMR | CY2008 | 20080012292

    Original file (20080012292.txt) Auto-classification: Approved

    Service medical records for the period 26 December 1944 through 25 January 1945 show the applicant was treated for frostbite of his feet. As a result the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Good Conduct Medal (first award) during the period from 13 February 1943 to 27 September 1945 and amending his DD Form 214 to add this award. While "severe" frostbite was a justification for award of the Purple...

  • ARMY | BCMR | CY2003 | 03092950C070212

    Original file (03092950C070212.rtf) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. His discharge document does not show that he was wounded in action or that he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart, the Bronze Star Medal, and the Army of Occupation Medal with "Germany" clasp.

  • ARMY | BCMR | CY2006 | 20060003587C070205

    Original file (20060003587C070205.doc) Auto-classification: Denied

    The applicant provides copies of his WD AGO Form 100 (Army Separation Qualification Record), WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), a letter explaining the facts of the case, a Department of Veterans Affairs (VA) Authorization and Release of Information form, a 6 June 1994 Certificate of Honor from the Federation of French War Veterans, an enlargement of a photocopy of a Purple Heart medal on the left side of a Jewish War Veterans cap, the reverse...

  • ARMY | BCMR | CY2001 | 2001062752C070421

    Original file (2001062752C070421.rtf) Auto-classification: Approved

    The applicant states, in effect, that for some reason his award of the PH was not made a part of his military records and that he wants it corrected. Therefore, the Board accepts the evidence noted in the Bronze Star Medal Citation as proof that he was wounded by hostile enemy fire and required treatment. The evidence of record shows the applicant was awarded the Bronze Star Medal for meritorious service.

  • ARMY | BCMR | CY2012 | 20120000856

    Original file (20120000856.txt) Auto-classification: Denied

    The applicant requests an upgrade of his award of the Silver Star to the Medal of Honor with the support of Members of Congress. The applicant provides the following documentary evidence in support of his application: a. a reconstructed DA Form 638 (Recommendation for Award), dated 5 September 2003; b. two third-party statements, dated 27 May 2001 and 18 February 2002, respectively, rendered by comrades in arms; c. a letter of support, dated 5 December 2011, rendered by the Director, Bureau...

  • ARMY | BCMR | CY2007 | 20070017567

    Original file (20070017567.txt) Auto-classification: Approved

    The applicant's military records are not available to the Board for review. Therefore, his records should be corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Medical Badge; and b. paying him Medical Badge Pay for his service in the ETO from 7 September 1944 to 19 December 1945. c. showing, that in addition to the awards shown on his WD AGO Form 53-55, his...

  • ARMY | BCMR | CY2005 | 20050005168C070206

    Original file (20050005168C070206.doc) Auto-classification: Approved

    LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of: a. the Combat Medical Badge; b. the Bronze Star Medal, First Oak Leaf Cluster; c. the American Campaign Medal; and d. the Meritorious Unit Commendation.