IN THE CASE OF:	  

		BOARD DATE:	  9 October 2008

		DOCKET NUMBER:  AR20080003718 


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 the record of her deceased father, a former service member, be corrected to show his entitlement to the Bronze Star Medal (BSM).   

2.  The applicant states, in effect, that her father was awarded the BSM; however, the award is not indicated on his record.   

3.  The applicant provides the FSM's death certificate, her birth certificate, and a Congressional Inquiry with accompanying documents in support of the application. 

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the FSM's separation document (WD AGO Form 53-55), documents in the FSM's NPRC file, and documents submitted by the applicant.   

3.  The FSM's separation document shows that he was inducted into the Army and entered active duty on 13 April 1943.  It also shows that he served in the European Theater of Operations (ETO) from 22 July 1944 through 11 February 1945.  Item 31 (Military Qualifications) shows that he received the Combat Infantryman Badge (CIB), and Item 33 (Decorations and Citations) shows that during his active duty tenure, he earned the Purple Heart, Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal with 2 bronze service stars.  Item 34 (Wounds Received In Action) contains an entry confirming he was wounded in action on 25 November 1944.  

4.  The FSM's WD AGO Form 53-55 also shows he held the rank of private first class (PFC) on the date of his separation and that this was the highest rank he attained while serving on active duty.  It also shows that he was assigned to Company M, 134th Infantry, and that he was honorably separated on 22 May 1945, after completing a total of 2 years, 1 month, and 10 days of active military service.  

5.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 3-13 provides guidance on award of the BSM.  Paragraph
3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.  

6.  Paragraph 5-11 of the awards regulation contains guidance on the Army of Occupation Medal (AOM).  It states, in pertinent part, that it is authorized for the occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955. (Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945).   

7.  Paragraph 5-13 of the awards regulation contains guidance on the European-African-Middle Eastern Campaign Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the ETO.  

8.  Paragraph 5-12 of the awards regulation contains guidance on the World War II Victory Medal.  It states that it is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 

9.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This source confirms that during his tenure of assignment, the applicant’s unit (134th Infantry Regiment) earned the Distinguished Unit Citation (now known as the Presidential Unit Citation) and the Army of Occupation Medal with Germany Clasp.  It also shows that during the FSM's tenure of assignment in the ETO, the unit was awarded campaign participation credit for the Ardennes-Alsace, Central Europe, Northern France, and Rhineland campaigns of World War II.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her father's record should be corrected to show his entitlement to the BSM was carefully considered and found to have merit.  By regulation, the BSM is authorized to members who received the CIB during World War II.  The evidence shows that the FSM received the CIB during World War II.  As a result, it would be appropriate to award him the BSM based on his exemplary conduct in ground combat against an armed enemy while serving in the ETO between 22 July 1944 and 11 February 1945, and by adding this award to his separation document.  

2.  The evidence also confirms that based on his World War II service, and his service and campaign participation in the ETO, the FSM is also entitled to the World War II Victory Medal, Presidential Unit Citation, Army of Occupation Medal with Germany Clasp, and 4 bronze service stars with his European-African-Middle Eastern Campaign Medal.  As a result, it would also be appropriate to add these awards to Item 33 of his separation document, and to correct Item 32 (Battles and Campaigns) to show he participated in the Ardennes-Alsace, Central Europe, Northern France, and Rhineland campaigns of World War II.  


BOARD VOTE:

____x___  ___x____  ___x____  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.  awarding him the Bronze Star Medal, for his exemplary conduct in ground combat against an armed enemy while serving in the ETO between 22 July 1944 and 11 February 1945;

	b. amending Item 32 of his WD AGO Form 53-55 by deleting the current list of campaigns and replacing it with the entry "Ardennes-Alsace, Central Europe, Northern France, and Rhineland"; 

	c.  amending Item 33 of his WD AGO Form 53-55 by deleting the current list of awards and replacing it with the entry "Bronze Star Medal, Purple Heart, Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal with 
4 bronze service stars, Army of Occupation Medal with Germany Clasp, Presidential Unit Citation, and World War II Victory Medal"; and 

	d.  providing the applicant a correction to the FSM's separation document that includes these changes.  




      _______ _ 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)                                         AR20080003718



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ABCMR Record of Proceedings (cont)                                         AR20080003718



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