RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 February 2007
	DOCKET NUMBER:  AR20060009348 


	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

Mr. W. W. Osborn, Jr.

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. David K. Haasenritter

Member

Mr. Ronald D. Gant

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, in effect, that his Bronze Star Medal be reissued as the Bronze Star Medal with “V” device.  He also requests that he be issued a correction to his discharge document (DD Form 215) showing all his authorized awards.

2.  The applicant states that he believes that he was awarded the Bronze Star Medal for valor in combat.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and a 5 May 2004 letter from the National Personnel Records Center.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 23 November 1946, the date of his discharge.  The application submitted in this case is dated 22 June 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 his records were lost or destroyed in that fire.  The available documents consist of his WD AGO Form 
53-55 and his WD Form 384 Enlisted Pay, Allowance and Mileage Voucher.

4.  The FSM was inducted on 23 September 1944.  He completed infantry training and deployed to the Asiatic-Pacific Theater of Operations (APT on 
25 February 1945.  He served in the Ryukyus Campaign and returned to the United States on 16 September 1946.

5.  The WD AGO Form 53-55 shows his authorized awards as the Combat Infantryman Badge, Asiatic Pacific Campaign Medal, Good Conduct Medal, World War II Victory Medal and Army of Occupation Medal.  It shows he was issued an Honorable Service Lapel Button.

6.  The 5 May 2004 letter from the National Personnel Records Center lists the same awards plus the Bronze Star Medal.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 3-14 provides the following information about the Bronze Star Medal: 

a.  The Bronze Star Medal was established by Executive Order 9419, 
4 February 1944 (superseded by Executive Order 11046, 24 August 1962). 

b.  The Bronze Star Medal is awarded to any person who, while 
serving in any capacity in or with the Army of the United States after
6 December 1941, distinguished himself or herself by heroic or 
meritorious achievement or service, not involving participation in aerial 
flight, in connection with military operations against an armed enemy; 
or while engaged in military operations involving conflict with an 
opposing armed force in which the United States is not a belligerent 
party. 

c.  Awards may be made for acts of heroism, performed under 
circumstances described above, which are of lesser degree than required for the award of the Silver Star. 

d.  The Bronze Star Medal may be awarded for meritorious 
achievement or meritorious service according to the following:

(1) Awards may be made to recognize single acts of merit or 
meritorious service. The lesser degree than that required for the award of the Legion of Merit must nevertheless have been meritorious and accomplished with distinction. 

(2) Award may be made by letter application to Commander, 
ARPERCEN, ATTN: DARP-VSE-A, 9700 Page Boulevard, St. Louis, MO 63132-5200 (enclosing documentary evidence, if possible), to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been other wise confirmed by documents executed prior to 1 July 1947. For this purpose, an award of the Combat Infantryman Badge 
or Combat Medical Badge is considered as a citation in orders. Documents executed since 4 August 1944 in connection with recommendations for the award of decorations of higher degree than the Bronze Star Medal will not be used as the basis for an award under this paragraph. 

8.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for
attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for
exemplary conduct in action against the enemy.  War Department Circular 
186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  

DISCUSSION AND CONCLUSIONS:

1.  The award of the Bronze Star based upon the Combat Infantryman Badge is founded on the principle of providing further recognition of individuals who    
had “been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 
2 September 1945, inclusive, or whose meritorious achievement has been other wise confirmed by documents executed prior to 1 July 1947.”

2.  The operant wording, “for exemplary conduct in ground combat against an armed enemy” clearly does equate to heroic achievement or service.  “Heroism” and “heroic achievement or service” were in common military usage when the 1947 provision to award the Bronze Star Medal to those who had been cited for, “exemplary conduct in action against the enemy.”  It is unreasonable to conclude that the phrase, “exemplary conduct in action against the enemy necessarily included heroism. 

3.  The applicant is entitled award of the Bronze Star Medal based upon the Combat Infantryman Badge and the “V” device is not appropriate.   

4.  The applicant’s awards consist of the Bronze Star Medal, Good Conduct Medal, Asiatic-Pacific Campaign Medal with one bronze service star, Army of Occupation Medal with Japan Clasp, World War II Victory Medal, Combat Infantryman Badge and the Honorable Service Lapel Button.  
5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 November 1946, the date of the discharge. However, 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.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RDG __  __JCR__  __DKH __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.


3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by issuing a correction to his discharge document to show his authorized awards are the Bronze Star Medal, Good Conduct p Medal with Japan Clasp, World War II Victory Medal, Combat Infantryman Badge and Honorable Service Lapel Button.




       Jeffrey C. Redmann____
          CHAIRPERSON




INDEX

CASE ID
AR20060009348
SUFFIX

RECON

DATE BOARDED
20070208
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.