IN THE CASE OF:	  

	BOARD DATE:	  10 JUNE 2008

	DOCKET NUMBER:  AR20080003498 


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 that his records be corrected by adding all awards and medals to include the Bronze Star Medal for the Battle of the Bulge, and campaign credit for serving in the Ardennes.  Also, he requests campaign stars (interpreted as bronze service stars) for three campaigns.

2.  The applicant states, in effect, that his records should be corrected to show all awards and medals, and bronze service stars he is authorized.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable 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 were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The records available to the Board 
were provided by the applicant and are sufficient for the Board to conduct a fair and impartial review of this case.  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 that he was inducted in the Army of the United States on 9 July 1943 and entered active duty on 23 July 1943.

4.  His WD AGO Form 53-55 shows that he was a member of the Infantry Branch and his military occupational specialty (MOS) was 605 (Heavy Machine Gunner Section Sergeant).  His last significant unit of assignment was Company M, 276th Infantry.

5.  He served in the European-African-Middle Eastern Theater during the period  
15 December 1944 to 23 April 1946.  He was honorably discharged on  
2 May 1946 due to the convenience of the government "RR 1-1" demobilization.  He had served a total of 2 years, 9 months, and 10 days of active service.

6.  Item 31 (Military Qualification and Date) of the WD AGO Form 53-55 shows the award of the Combat Infantryman Sharpshooter (interpreted as Combat Infantryman Badge).

7.  Item 32 (Battles and Campaigns) of the WD AGO Form 53-55 shows campaign credit for Rhineland and Central Europe.

8.  Item 33 (Decorations and Citations) of the WD AGO Form 53-55 shows the awards of the European Africa-Middle Eastern Service Medal, American Theater Service Medal, Good Conduct Medal, and Victory Medal.  However, it does not show the awards of the Bronze Star Medal and bronze service stars.

9.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

10.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to add all awards and medals to include the Bronze Star Medal for the Battle of the Bulge, bronze service stars, and campaign credit for serving in the Ardennes.

2.  Evidence of record shows 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.

3.  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 23 April 1946.  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.

4.  There is insufficient evidence to award the applicant campaign credit for Ardennes-Alsace.  As such, he is not entitled to an additional bronze service star for campaign credit for the Ardennes-Alsace.

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)                                         AR20080003498





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ABCMR Record of Proceedings (cont)                                         AR20080003498



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