RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 OCTOBER 2006
DOCKET NUMBER: AR20060001765
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. John Infante | |Chairperson |
| |Mr. Gerald Purcell | |Member |
| |Ms. Karmin Jenkins | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Bronze Star Medal.
2. The applicant states, in effect, he is entitled to the Bronze Star
Medal based on his World War II award of the Combat Infantryman Badge.
3. The applicant provides a copy of his separation document in support of
his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 23 January 1946. The application submitted in this case
is dated
24 January 2006.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. 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.
4. Evidence available to the Board indicates the applicant served on
active duty between 2 December 1942 and 23 January 1946. His separation
document confirms that he was awarded the Combat Infantryman Badge. There
is no indication he was ever awarded a Bronze Star Medal.
5. Army Regulation 600-8-22 also provided that the Bronze Star Medal was
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 such 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. This means, in effect, that the Bronze Star Medal is
to be awarded to individuals who were authorized either badge for service
during World War II. Awards of the Bronze Star Medal based on the Combat
Infantryman Badge are commonly referred to as conversion awards.
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms the applicant was awarded the Combat Infantryman
Badge during World War II and as such is entitled to an award of the Bronze
Star Medal as a conversion award. His records should be corrected
accordingly.
2. Records show the applicant should have discovered the error or
injustice now under consideration on 23 January 1946, the date of his
separation from active duty. The ABCMR was not established until 2 January
1947. Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.
BOARD VOTE:
___JI ___ ___GP __ ___KJ___ 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 and to excuse failure to timely file. 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 as
a conversion award based on his Combat Infantryman Badge.
______ John Infante________
CHAIRPERSON
INDEX
|CASE ID |AR20060001765 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061012 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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