IN THE CASE OF:	  

		BOARD DATE:	  	  10 February 2009

		DOCKET NUMBER:  AR20080011370 


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 discharge document of his deceased father, a former service member (FSM), be corrected to show he was awarded the Bronze Star Medal and the Honorable Service Lapel Button.

2.  The applicant states, in effect, that his father was issued the Bronze Star Medal and he was very proud of it.  The applicant adds that he has no paperwork to support this award, but he does have the award case and the Bronze Star Medal is in the case.  The case also shows the American Campaign Medal and the World War II Victory Medal, but he has no Lapel Pin ("Ruptured Duck").  He further adds that after his father died, he applied for the grave marker and he was made aware that the Bronze Star Medal was not listed on his father's separation document.  He believes that his father would have wanted the Bronze Star Medal listed on his grave marker.     

3.  The applicant provides a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge); a photocopy of an awards display case that shows the Bronze Star Medal; a copy of the applicant's State of Ohio, Office of Vital Statistics, Certification of Birth; and a copy of the FSM's Ohio Department of Health, Vital Statistics, Certificate of Death, dated
16 January 2008.

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 FSM'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 the FSM'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 FSM's WD AGO Form 53-55 shows he enlisted and entered active duty in the U.S. Army on 22 June 1942.  The FSM’s WD AGO Form 53-55 also shows he was assigned to Company B, 28th Infantry Regiment.  The FSM's WD AGO Form 53-55, item 4 (Arm or Service) shows the entry of "Inf."  Item 32 (Battles and Campaigns) shows he participated in the following campaigns: Belgium, Northern France and Germany.  Item 33 (Decorations and Citations) shows that the FSM was awarded the Good Conduct Medal, EAME [European-African-Middle Eastern Campaign Medal] with 3 bronze service stars, the Purple Heart, and the Combat Infantryman Badge.  Item 34 (Wounds Received in Action) shows the FSM was wounded in action in Germany on 30 April 1945.  Item 55 (Remarks) shows that he was issued the Lapel Button on 27 September 1945.

4.  The FSM’s WD AGO Form 53-55 also shows that he was honorably discharged on 27 September 1945, under the provisions of Army Regulation  615-361 (Enlisted Men – Discharge – Medical) and issued a Certificate of Disability for Discharge.  He was credited with completing 1 year, 9 months, and 15 days of continental service and 1 year, 5 months, and 21 days of foreign service for a total of 3 years, 3 months, and 6 days of creditable active service.

5.  A review of the FSM's military service records reveals that he may be entitled to additional awards that are not shown on the WD AGO Form 53-55.

6.  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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

8.  Army Regulation 600-8-22, paragraph 6-16 (Lapel buttons for service), in pertinent part, provides that the Honorable Service Lapel Button (World War II Victory Medal) is a button of gold-color metal consisting of an eagle perched within a ring composed of a chief and 13 vertical stripes.  The button is 7/16-inch high and 5/8-inch wide.  The lapel button is not an award.  It is a gratuitous issue item.  The eligibility requirements are honorable Federal military service between 8 September 1939 and 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM’s discharge document should be corrected to show he was awarded the Bronze Star Medal was carefully considered and found to have merit.

2.  The evidence of record shows that an award of the Combat Infantryman Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.  Therefore, it would be appropriate to correct the FSM’s discharge document to show award of the Bronze Star Medal for meritorious achievement in ground combat during World War II.

3.  The evidence of record shows that the FSM's service qualifies him for award of the World War II Victory Medal, and it should be added to Item 29 of the FSM's WD AGO Form 53-55.

4.  However, Item 55 shows that the FSM was issued the Honorable Service Lapel Button for his service in World War II (i.e., "Ruptured Duck").  Therefore, there is no need to correct his records in this instance.


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 the FSM the Bronze Star Medal as a result of award of the Combat infantryman Badge;

   b.  adding to item 33 of the FSM's WD AGO Form 53-55 the Bronze Star Medal and World War II Victory Medal; and
   
   c.  providing the applicant a correction document that shows these corrections.



      __________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)                                         AR20080011370



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011370



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1