IN THE CASE OF:	  

	BOARD DATE:	  29 MAY 2008

	DOCKET NUMBER:  AR20080000402 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected to show award of the third bronze service star for his service during the European African-Middle Eastern Campaign for the period of December 1944 through January 1945.

2.  The applicant states, in effect, he was assigned to the 70th Infantry Division during the Ardennes-Alsace campaign during the period from December  
1944 through January 1945.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge), and a Newspaper Article titled "Service Stars." 

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 personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The records available to the ABCMR were provided in part by the applicant and also obtained from alternate sources.  The primary record available to this Board is the applicant’s WD AGO Form 53-55.

3.  The applicant's reconstructed military personnel record shows the applicant was inducted into the Army of the United States on 27 October 1942 and entered active duty on 10 November 1942.  He served in the European Theater of Operations during the period from 15 December 1944 to 31 July 1945.  He was discharged from active duty on 11 January 1946, due to demobilization and his service was characterized as honorable.  He had served a total of 3 years,  
2 months, and 2 days of active service.

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form  
53-55, shows campaign credit for Central Europe and Rhineland "GO 40 WD 45."

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form  
53-55, shows the awards of the European-African-Middle Eastern Campaign Medal, American Campaign Medal, World War II Victory Medal "TWX WD  
23 OCT 45," and the Good Conduct Medal.  However, it does not show any bronze service stars.

6.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

7.  The Newspaper Article the applicant submitted shows the 70th Infantry Division was given campaign credit for Ardennes-Alsace.  However, there is no evidence that the applicant served with the unit.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 33 of his WD AGO Form 53-55.

9.  Item 31 of the applicant's WD AGO Form 53-55 shows the applicant was awarded the Combat Infantryman Badge.
10.  Army Regulation 600-8-22 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the third bronze service star for his service during the European African-Middle Eastern Campaign for the period from December 1944 to through January 1945.

2.  Evidence of record shows he was credited with service in the Central Europe and Rhineland campaigns in the European African-Middle Eastern Theater during the period 15 December 1944 to 31 July 1945.  Therefore, he is entitled to correction of his records to show two bronze service stars to be affixed to his European African-Middle Eastern Campaign Medal.

3.  There is insufficient evidence to verify that the applicant was assigned to the 70th Infantry Division while serving in the European African-Middle Eastern Theater.  As such, there is insufficient evidence to award him campaign credit for Ardennes-Alsace.

4.  Evidence of records show that the applicant is authorized the award of the Bronze Star Medal based on the award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  __X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the Bronze Star Medal and two bronze service stars to be affixed to his already awarded European African-Middle Eastern Campaign Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to an additional bronze service star for campaign credit for the Ardennes-Alsace.




       _    __X_____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080000402





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ABCMR Record of Proceedings (cont)                                         AR20080000402



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