IN THE CASE OF:	  

		BOARD DATE:	  27 January 2009

		DOCKET NUMBER:  AR20080008982 


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 his record be corrected to show he was awarded a "V" (Valor) Device with his Bronze Star Medal (BSM).   

2.  The applicant states, in effect, he was awarded the BSM for valor and should have received the "V" Device with the award. 

3.  The applicant provides a self-authored note, third-party statement, BSM orders and his 9 January 1946 separation document (WD AGO Form 53-55) in support of his 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 record shows that he was initially inducted into the Army of the United States and entered active duty on 22 August 1942.  He served in this status for 2 years, 3 months, and 8 days until being honorably discharged on
9 January 1946 for the purpose of enlisting in the Regular Army (RA).  The 
WD AGO Form 53-55 he was issued at the time shows that during this period of active duty service, he earned the BSM, American Theater Ribbon, 
European-African-Middle Eastern Campaign Medal with 2 bronze service stars, and Combat Infantryman Badge (CIB).

3.  The applicant entered the RA on 10 January 1949 and continuously served in an enlisted status until 28 March 1951, at which time he was honorably discharged, in the rank of master sergeant (MSG), in order to accept an appointment as a commissioned officer.  On 29 March 1951 he was commissioned a second lieutenant and entered active duty in that status.  He continued to serve in that status until 31 December 1955, at which time he was honorably discharged in the rank of (CPT).  He reverted to an enlisted status on 1 January 1956 and continued to served on active duty in that status until
31 August 1962, at which time he was honorably released from active duty (REFRAD) in the rank of master sergeant (MSG) for the purpose of length of service retirement.  The record further shows the applicant was advanced to the rank of CPT on the retired list on 12 September 1972.

4.  The applicant's record contains a Record of Award of Decoration (WD AGO Form 0708), issued by the Office of The Adjutant General's Office Decorations and Award Branch, which shows that the applicant was awarded the BSM in 3rd Infantry Division General Order (GO) Number (#) 382, dated 13 November 1945, for his valorous conduct in connection with military operations against an enemy of the United States on 20 April 1945.  A copy of these orders is also on file in the record.  This order confirms the applicant was awarded the BSM for his valorous conduct on 20 April 1945.

5.  The applicant provides a third-party statement from his commanding officer during World War II.  This individual confirms the applicant was awarded the BSM for valor and that the orders should have in fact reflected authorization for the "V" Device with the BSM.  

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 3-14 contains guidance on the BSM.  It states, in pertinent part, awards of the BSM may be made for acts of heroism (valor), or meritorious achievement, or meritorious service.  Paragraph 6-5 provides guidance on the "V" Device.  It states, in pertinent part, that it will be authorized with the BSM to denote an award made for heroism (valor).  

7.  Paragraph 3-14d (2) provides guidance on awarding the BSM during World War II based on receipt of the CIB.  It 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.

8.  Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show that the BSM he was awarded on 20 April 1945 was awarded with the "V" Device, was carefully considered and found to have merit.  The evidence confirms the BSM awarded to the applicant for his actions on 20 April 1945 was for valorous conduct.  Therefore, it would be appropriate to correct his record by amending/endorsing his BSM orders and adding the "V" Device to the BSM entry on his 1946 separation document.  

2.  The evidence also shows that based on his having received the CIB during World War II, the applicant is also entitled to receive a second award of the BSM (BSM 1st Oak Leaf Cluster) for his exemplary conduct in ground combat against an armed enemy while serving in the ETO.  

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 1st Oak Leaf Cluster (2nd Award); 
   
   b.  deleting from his WD AGO 53-55 the Bronze Star Medal;
   
   c.  amending/endorsing 3rd Infantry Division General Order Number 382, dated 13 November 1945, by showing award of the Bronze Star Medal with "V" Device; and
   
   d.  adding to his WD AGO Form 53-55 the Bronze Star Medal 1st Oak Leaf Cluster (2nd Award) with "V" Device.



      _________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)                                         AR20080008982



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ABCMR Record of Proceedings (cont)                                         AR20080008982



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