RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070013810 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. Donald L. Lewy

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 that he be awarded the Bronze Star Medal and that he have a one-time reissuance of all his military awards and decorations.

2.  The applicant states that he met the requirements for award of the Bronze Star Medal, but because of his date of separation it was not documented on his separation papers.

3.  The applicant provides his Honorable Discharge Certificate and his Certificate of Discharge.

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 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.

3.  The applicant’s Certificate of Discharge shows he enlisted in the Regular Army on 12 September 1940.  He arrived in Australia on 10 April 1942.  He arrived at Port Moresby, New Guinea on 27 December 1942.  He was wounded in action on 19 January 1943.  He arrived in the United States on 11 June 1943.  He was honorably discharged on 6 June 1944.

4.  The applicant’s WD Form 372-A (Final Payment Work Sheet) shows he was paid combat infantry pay from 1 January 1944 through 6 June 1944.


5.  The applicant’s Certificate of Discharge shows he was awarded the Purple Heart, the Asiatic-Pacific Campaign Medal, and the American Defense Service Medal.

6.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  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.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay.  Thus, pay records are frequently the best available source to verify entitlement to this award.  

7.  The Bronze Star Medal was established by Executive Order 9419, 4 February 1944.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal to any person who 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.  It also provides for award of the Bronze Star Medal to members of the armed forces who, after         7 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  

8.  Army Regulation 600-8-22 provides for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s Certificate of Discharge does not show he was awarded the Combat Infantryman Badge.  However, he was paid combat infantry pay prior to his separation.  Therefore, it is reasonable to presume that he had been awarded the Combat Infantryman Badge.

2.  Based upon award of the Combat Infantryman Badge, the applicant met the eligibility criteria for award of the Bronze Star Medal.

3.  The applicant met the eligibility criteria for award of the World War II Victory Medal.

4.  The above three awards should be added to the applicant’s Certificate of Discharge.  He should be issued the above three awards and, as an exception to policy, he should be reissued the Purple Heart, the Asiatic-Pacific Campaign Medal, and the American Defense Service Medal.

BOARD VOTE:

__lds___  __ecp___  __dll___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  issuing an appropriate document to add the Combat Infantryman Badge, the Bronze Star Medal (based upon award of the Combat Infantryman Badge), and the World War II Victory Medal to his Certificate of Discharge; and

     b.  issuing to him all authorized awards and decorations.




___Linda D. Simmons___
          		CHAIRPERSON




INDEX

CASE ID
AR20070013810
SUFFIX

RECON

DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0014
2.

3.

4.

5.

6.