IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080014322
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, as the daughter of a deceased former service member (FSM), requests correction of her father's records to show award of the Bronze Star Medal.
2. The applicant states that her father is entitled to award of the Bronze Star Medal in accordance with Army Regulation 600-8-22 (Military Awards).
3. The applicant provides a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).
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 FSMs 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 FSMs 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 was inducted into the Army on 20 February 1943 and entered active duty on 27 February 1943. He arrived in the European-African-Middle Eastern Theater of Operations on 15 September 1944 and departed on 15 July 1945.
4. The FSM was discharged on 28 October 1945 in the rank of private first class. His WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Army Good Conduct Medal, and the Purple Heart as authorized awards.
5. Item 31 (Military Qualification and Date) on his WD AGO Form 53-55 indicates he was awarded the Combat Infantryman Badge on 15 January 1945.
6. Army Regulation 600-8-22 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.
7. 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.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The FSM was awarded the Combat Infantryman Badge during World War II. Therefore, he is eligible for award of the Bronze Star Medal and correction of his records to show this decoration.
2. The FSM served a period of qualifying service for award of the American Campaign Medal and the World War II Victory Medal. Therefore, these awards should be added to his discharge 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 adding award of the Bronze Star Medal, the American Campaign Medal, and the World War II Victory Medal to his WD AGO Form 53-55.
_______ _ 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) AR20080014322
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014322
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015846
Army Regulation 600-8-22 (Military Awards) states the Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific theater of operations between 7 December 1941 and 2 March 1946. Therefore, he is entitled to award of the Asiatic-Pacific Campaign Medal with two bronze service stars and his WD AGO Form 53-55 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding...
ARMY | BCMR | CY2007 | 20070003057
The applicant requests correction of her father's records, a former service member (FSM), to show award of the Purple Heart, the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal, and the Army of Occupation Medal. The FSM's DA Form 106, shows that the FSM submitted this form on 4 October 1945 requesting he be awarded the Purple Heart. Records show the applicant participated in two campaigns during his military service.
ARMY | BCMR | CY2013 | 20130021269
The applicant, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show: * Purple Heart * Combat Badge (interpreted to mean Combat Infantryman Badge) * World War II Victory Medal * American Defense Service Medal * Bronze Star Medal * Army Good Conduct Medal * Paratrooper Wings (correctly known as the Parachutist Badge) 2. The applicant states the FSM's military record shows he...
ARMY | BCMR | CY2012 | 20120009047
The applicant, the son of a deceased former service member (FSM), requests, on behalf of his father: * award of the World War II Victory Medal * award of the Army of Occupation Medal * correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show these awards 2. His father should have been awarded these awards. The FSM's WD AGO Form 53-55 shows he served in World War II during a qualifying period for award of the World War II Victory...
ARMY | BCMR | CY2010 | 20100017644
Application for correction of military records (with supporting documents provided, if any). The FSM's military records are not available to the Board for review. The FSM served a period of qualifying service for award of the American Campaign Medal based on active duty service within the continental United States for an aggregate period of 1 year between 24 January 1941 and 26 April 1945.
ARMY | BCMR | CY2006 | 20060011120
The FSMs WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge; however, it does not show that he was awarded the Bronze Star Medal based upon award of the Combat Infantryman Badge during World War II. The FSMs WD AGO Form 53-55 does not show that he was awarded the World War II Victory Medal; however, he served on active duty during a qualifying period of service for this award. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2005 | 20050005134C070206
The FSM is therefore entitled to award of the Bronze Star Medal based on the special provisions of the awards regulation that considered award of the Combat Infantryman Badge to be a citation in orders. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by: a. deleting the European-African-Middle Eastern...
ARMY | BCMR | CY2010 | 20100017381
The applicant, the son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), American Campaign Medal, and Belgian Fourragere. The applicant provides: * Death certificate * Letter, dated 11 June 2010, to the National Personnel Records Center, St. Louis, Missouri with attachments * WD AGO Form 53-55 * Certification of...
ARMY | BCMR | CY2008 | 20080016964
The applicant states the FSM was awarded the Bronze Star Medal on 17 March 1952 and it is not listed in his records. Based on the evidence, it would be appropriate to amend the FSM's records to show award of the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to add award of the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal, and one silver...
ARMY | BCMR | CY2011 | 20110003794
The applicant, the son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the Bronze Star Medal with V Device instead of just the Bronze Star Medal (BSM). The FSM's military records are not available for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 33 of the...