RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060012449 


	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.


	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, a second award of the Bronze Star Medal be shown on his discharge document.

2.  The applicant states, in effect, that he was awarded the Bronze Star Medal.  He also states that when he returned home from work he found his Purple Heart and Bronze Star certificates had been left on his stairs.  

3.  The applicant provides copies of his Bronze Star Medal citation and certificate, his honorable discharge certificate, his Separation Qualification Record, and his WD AGO Form 53-55 (Enlisted Record and Report of Separation), in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 14 November 1945, the date of his discharge from active duty.  The application submitted in this case is dated 22 August 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 show that he was inducted into the Army of the United States on 7 November 1942.  He completed training as a truck driver (heavy), in military occupational specialty 931, and served with Service Company, 331st Infantry Regiment, 83rd Infantry Division.  He served overseas in the European Theater of Operations from 19 April 1944 through 2 November 1945.

4.  The applicant's records contain a citation for award of the Bronze Star Medal for meritorious service in connection with military operations against an enemy from 4 July 1944 to 8 May 1945 in France, Luxembourg, Belgium, and Germany. It appears the applicant applied to the Army Awards Branch, through his Member 

of Congress, to have the award validated.  He was awarded the Bronze Star Medal, and an accompanying certificate for meritorious achievement on 2 October 1985.  The applicant submits a copy of the above mentioned citation and his Bronze Star Medal certificate, dated 2 October 1985.  According to this certificate the applicant was awarded the Bronze Star Medal on 2 October 1985, after his discharge.  

5.  The applicant was honorably discharged on 14 November 1945 at demobilization, as a private first class.  Item 31 (Military Qualification and Date), of his WD AGO Form 53-55, lists the Combat Infantryman Badge.  Item 33 (Decorations and Citations) lists the following awards:  the Good Conduct Medal, the European-African-Middle-Eastern Theater Campaign Ribbon, the World War II Victory Medal, the American Theater Campaign Ribbon, the Purple Heart, and the Bronze Star Medal.  Item 55 (Remarks) list the following award:  the Honorable Service Lapel Button, World War II.

6.  As noted in the paragraph above, the applicant was awarded the Combat Infantryman Badge in World War II.  The applicant, it appears, should have been awarded the Bronze Star Medal, and in effect, the Bronze Star Medal, with Oak Leaf Cluster, based on award of the Combat Infantryman Badge.

7.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal 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 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.

8.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the applicant's unit was awarded occupational credit for the occupation of Germany in July 1945.  He is therefore entitled to the Army of Occupation Medal, with Germany Clasp.

9.  Department of the Army Pamphlet 672-1, also shows the applicant's unit was awarded the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to a corrected separation document to show award of two Bronze Star Medals.  The evidence of records shows a previously awarded Bronze Star Medal was validated in 1985 and he is entitled to award of a second Bronze Star Medal, in effect, the Bronze Star Medal, with Oak Leaf Cluster, based on award of the Combat Infantryman Badge for his service during World War II.  

2.  It is noted that the Bronze Star Medal is already shown on the separation document contained in the applicant's records and the copy he submitted.  However, it appears it was added after his discharge.  

3.  The evidence also shows the applicant is entitled to award of the Army of Occupation Medal, with Germany Clasp, and the Meritorious Unit Commendation, which should also be added to his records.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 November 1945, the date of his separation from active duty.  The ABCMR was not established until 2 January 1947.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted.

BOARD VOTE:

___LDS__  __JCR___  __SWF_  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 the Department of the Army records of the individual concerned be corrected by showing he was awarded a second Bronze Star Medal, in effect, the Bronze Star Medal, with Oak Leaf Cluster; by awarding him the Army of Occupation Medal, with Germany Clasp, and the Meritorious Unit Commendation; and providing him a corrected separation document showing these awards.




_____Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20060012449
SUFFIX

RECON

DATE BOARDED
20070405
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.14
2.

3.

4.

5.

6.