IN THE CASE OF:	  

		BOARD DATE:	  5 February 2009

		DOCKET NUMBER:  AR20080009099 


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 all awards he earned and to which he is entitled.

2.  The applicant states, in effect, he would like all awards he earned and to which he is entitled added to his record and separation document (WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge).

3.  The applicant provides Bronze Star Medal (BSM) orders; a DA Form 1577 (Authorization for Issuance of Awards); a Congressional letter, dated 9 September 2002; and his 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 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 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.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55, miscellaneous documents remaining in the NPRC file and those documents provided by the applicant.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army and entered active duty on 13 March 1941, and that he served in the continental United States until 20 September 1944, at which time he departed for the European theater of operations (ETO).  He arrived in the ETO on 2 October 1944 and served there until 24 September 1945, at which time he departed for his return to the United States.  Item 6 (Organization) shows he was assigned to the 56th Armored Infantry Battalion and item 31 (Military Qualifications) shows he received the Combat Infantryman Badge (CIB).  Item 32 (Battles and Campaigns) shows he participated in the Ardennes, Central Europe, and Rhineland campaigns of World War II and item 33 (Decorations and Citations) shows he earned the American Defense Service Medal (ADSM), European-African-Middle Eastern (EAME) Service Medal, and Army Good Conduct Medal (AGCM). It also shows that on 7 October 1945, he was honorably separated in the rank of first sergeant after completing a total of 3 years, 6 months, and 13 days of active military service.

4.  The applicant's NPRC file contains Headquarters, 12th Armored Division, General Orders Number 81, dated 27 July 1945, which awarded the applicant the BSM for meritorious service in the ETO from 19 December 1944 through 8 May 1945.  It also contains a DA Form 1577 (Authorization for Issuance of Awards), dated 13 September 1988, which indicates the applicant was authorized a second BSM based on his having received the CIB during World War II.  A second DA Form 1577, dated 19 August 2002, shows he earned the following awards based on his World War II service:  BSM, AGCM, ADSM, American Campaign Medal (ACM), EAME Campaign Medal with 3 bronze service stars, World War II Victory Medal, CIB, and Honorable Service Lapel Button.

5.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 3-13d(2) states, in effect, that the BSM is authorized to members who 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.  For this purpose, an award of the CIB is considered as a citation in orders.  The regulation states that an oak leaf cluster will be awarded to denote a second or subsequent award of the BSM.

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

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

8.  Paragraph 5-15 of the awards regulation contains guidance on the ACM and states, in pertinent part, that it is authorized for an aggregate period of 1 year or more of service in the American theater between 7 December 1941 and 2 March 1946.  

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 (56th Armored Infantry Battalion) received occupation credit for Germany and entitlement to the AOM with Germany Clasp.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the BSM for meritorious service in the ETO from 19 December 1944 through 8 May 1945 and that he is authorized a second BSM (BSM 1st Oak Leaf Cluster) for his exemplary conduct in ground combat against an armed enemy in the ETO from 2 October 1944 through 2 September 1945.  As a result, it would be appropriate to correct his WD AGO Form 53-55 accordingly.

2.  The evidence also confirms that based on his World War II and ETO service, he is additionally authorized the World War II Victory Medal, ACM, AOM with Germany Clasp, and 3 bronze service stars with his EAME Campaign Medal.  Therefore, these awards should also be added to his separation document.


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 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 1st Oak Leaf Cluster (2nd Award), Army Good Conduct Medal, American Defense Service Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with 3 bronze service stars, Army of Occupation Medal with Germany Clasp, and World War II Victory Medal" and by providing him with 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)                                         AR20080009099



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ABCMR Record of Proceedings (cont)                                         AR20080009099



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