IN THE CASE OF:	  

		BOARD DATE:	        12 NOVEMBER 2008

		DOCKET NUMBER:  AR20080006221 


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 he be awarded the Bronze Star Medal based on his award of the Combat Infantryman Badge.

2.  The applicant states that his Enlisted Record and Report of Separation (WD AGO From 53-55) be amended to include the award of the Bronze Star Medal.

3.  The applicant provides in support of his application, an article dated 15 November 2003, contained in the Lincoln Daily News, pertaining to qualifications for award of the Bronze Star Medal.

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 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 applicant’s 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 available records show that the applicant was inducted into the Army in Brewer, Maine, on 17 November 1943.  He successfully completed his training in military occupational specialty MOS 345 (Light Truck Driver).  He was transferred to the European-African-Middle Eastern Theater of Operations on 6 October 1944.

4.  The applicant returned to the Continental United States on 25 April 1946.  On 30 April 1946, the applicant was honorably discharged under the provisions of Army Regulation 615-365, for the Convenience of the Government, due to demobilization.

5.  The WD AGO Form 53-55 that the applicant was furnished at the time of his discharge shows while he was in the Army, he participated in the Rhineland and Central Europe campaigns.  His WD AGO Form 53-55 also shows that he was awarded the Army of Occupation Medal w/German Clasp, the World War II Victory Medal, the European-African-Middle Eastern Campaign Medal, the Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge w/Rifle Bar, the Second Class Gunner Badge, the Army Service Ribbon, and the Lapel Button.  His WD AGO Form 53-55 shows the highest grade that he held while he was in the Army was technical sergeant (E-5) and that he was discharged in that rank and pay grade.

6.  Item number 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 does not show that he was awarded the Bronze Star Medal.  However, Item 31 (Military Qualification and Date) of the applicant’s WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge.

7.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his WD AGO 53-55.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

11.  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. 






DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Bronze Star Medal.

2.  Based upon the applicant’s award of the Combat Infantryman Badge during World War II, he is entitled to award of the Bronze Star Medal and correction of his military records to show the award of the Bronze Star Medal.

3.  The applicant is also entitled to the Good Conduct Medal based on conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service from 17 November 1943 through 30 April 1946; the American Campaign Medal; and two bronze service stars for wear on his European-African-Middle Eastern Campaign Medal.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

BOARD VOTE:

__X______  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 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 based on his award of the Combat Infantryman Badge, and the Good Conduct Medal based on conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service from 17 November 1943 through 30 April 1946, while serving as a technical sergeant (E-5);

   b.  awarding him the American Campaign Medal, and two bronze service stars for wear on his European-African-Middle Eastern Campaign Medal; and

   c.  amending his WD AGO Form 53-55 to include the awards and decorations referred to above. 

2.  The Board wishes to thank the applicant for the sacrifices that he made in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _XXX   _______   ___
               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)                                         AR20080006221



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ABCMR Record of Proceedings (cont)                                         AR20080006221



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