RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20080002981
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).
2. The applicant states, in effect, that he was awarded the Combat Infantryman Badge during World War II, that he was separated in April 1946, and that the Bronze Star Medal is not on his discharge document.
3. The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants 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 was inducted on 29 July 1943 and entered active duty on
19 August 1943. He served in the European Theater of Operations from
15 December 1944 through 8 April 1946 and was honorably discharged on
23 April 1946.
4. Item 32 (Battles and Campaigns) on the applicants WD AGO Form 53-55 shows he participated in two battles and campaigns. His WD AGO Form 53-55 shows the World War II Victory Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Distinguished Unit Citation, and the Good Conduct Medal as authorized awards. His WD AGO Form 53-55 also shows that he received the Combat Infantryman Badge.
5. Army Regulation 600-8-22 (Military Awards) 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.
6. Army Regulation 600-8-22 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.
DISCUSSION AND CONCLUSIONS:
1. Based on award of the Combat Infantryman Badge, the applicant is eligible for award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.
2. The applicant participated in two battles and campaigns during World War II which makes him eligible for the European-African-Middle Eastern Campaign Medal with two bronze service stars.
BOARD VOTE:
XX_____ __XX____ __XX____ 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 adding the Bronze Star Medal (based on award of the Combat Infantryman Badge) and two bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal on his WD AGO Form 53-55.
_ XX _________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002981
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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