IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080006062
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, award of the Bronze Star Medal (BSM)
1st Oak Leaf Cluster (OLC) with "V" (Valor) Device.
2. The applicant states, in effect, that he was awarded two BSMs; one
for heroism and one for achievement.
3. The applicant provides the following documents in support of his application: Self Authored Statement; Bronze Star Medal Certificates; Authorization for Issuance of Awards (DA Form 1577); Office of The Adjutant General (OTAG), United States Army Records Center, St. Louis, Missouri Letter, dated 6 March 1959; and Separation Document (DD Form 214).
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 (NPRC) in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in the reconstructed NPRC file for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 15 March 1944. It also shows he served in the European Theater of Operations (ETO) from 22 August 1944 through 27 April 1945, and that he was assigned to Company A, 2nd Infantry Regiment. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he received the following awards during his active duty tenure: European-African-Middle Eastern (EAME) Campaign Medal with 3 bronze service stars; Purple Heart (PH); Combat Infantryman Badge (CIB); BSM; and Marksman Marksmanship Qualification Badge with
Rifle Bar. Item 18 (Remarks) shows he served in the Germany, Luxembourg, and France during World War II. It also contains an entry which confirms he was wounded in action in the ETO on 7 March 1945.
4. On 11 June 2008, a DD Form 215 was issued to the applicant which deleted the entry contained in Item 7 (Last Duty Assignment and Major Command) and replaced it with "Company A, 2nd Infantry Regiment, 5th Infantry Division". It also modified Item 13 by deleting the BSM entry and replacing it the entry
BSM with 1st OLC.
5. The applicant provides a copy of a BSM with 1st OLC Certificate, dated
6 March 1959, which was issued by the OTAG, St. Louis, for the applicant's meritorious achievement in ground operations against the enemy in the ETO during World War II and was based on his having earned the CIB. He also provides a BSM Certificate, which shows he was awarded the BSM for heroism in ground combat on 13 March 1945, while in Luxembourg. He also provides a DA Form 1577, dated 6 March 1959, which shows the applicant was issued the following awards at that time: BSM with 1st OLC with "V" Device; Army Good Conduct Medal (AGCM); EAME Campaign Medal with 3 bronze service stars; and World War II Victory Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he earned the BSM with 1st OLC (2nd Award) with "V" Device was carefully considered and found to have merit.
2. The available evidence confirms the applicant was initially awarded the BSM with "V" Device for his heroism on 13 March 1945, as evidenced by the BSM certificate for heroism provided. It also confirms he was awarded the BSM with 1st OLC based on his having earned the CIB, as evidence by the OTAG, St. Louis Letter on file, and that he is entitled to the World War II Victory Medal and AGCM, as evidenced by the DA Form 1577 on file. Therefore, it would appropriate to add these awards to his separation document at this time.
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 showing his entitlement to the Bronze Star Medal with 1st Oak Leaf Cluster (2nd Award) with "V" Device, the Army Good Conduct Medal, and the World War II Victory Medal; and by providing him a correction to his 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) AR20080006062
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