IN THE CASE OF:	  

		BOARD DATE:	        5 March 2009

		DOCKET NUMBER:  AR20080014933 


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 award of the Combat Infantryman Badge and the Bronze Star Medal.

2.  The applicant states, in effect, that he is entitled to the requested awards.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and a copy of his Honorable Discharge Certificate, dated 1 October 1945, in support of his request.

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 applicant requests award of the Combat Infantryman Badge.  His WD AGO Form 53-55 already shows award of the Combat Infantryman Badge on 23 November 1944.  Therefore, the Combat Infantryman Badge issue will not be discussed further in the Record of Proceedings.

4.  The applicant's WD AGO Form 53-55 shows he enlisted in the Army of the United States in Spokane, WA, on 27 February 1942.  This form also shows that at the time of his separation, the applicant held military occupational specialties 604 (Light Machine Gunner) and 677 (Military Policeman) and was assigned to Company K, 47th Infantry.

5.  The applicant's WD AGO Form 53-55 further shows he departed the United States on 1 November 1944 and arrived in the European theater of operations (ETO) on 9 November 1944.  He served departed the ETO on 29 May 1945.  He completed 3 years and 6 days of continental service and 6 months and 29 days of foreign service.  He was honorably discharged on 1 October 1945.

6.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Rhineland campaign during World War II (WWII).

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Purple Heart, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, and the Distinguished Unit Badge.

8.  A review of the applicant's records indicates his entitlement to additional awards that are not shown on his WD AGO Form 53-55.

9.  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 WWII.
10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the European-African-Middle Eastern Campaign Medal.  This regulation 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 of the WD AGO Form 
53-55.  This regulation further states that authorized bronze or silver service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

11.  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 evidence of record shows that the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show the Bronze Star Medal.

2.  The evidence of record shows that the applicant served a qualifying period of service for award of the World War II Victory Medal which is not shown on his WD AGO Form 53-55; therefore, he is entitled to correction of his WD AGO 
Form 53-55 to show this award.

3.  The evidence of record shows the applicant was awarded the European-African-Middle Eastern Campaign Medal.  Additionally, records show the applicant participated in one campaign while serving in the ETO.  Therefore, he is entitled to award of one bronze service star to be affixed to the European-African-Middle Eastern Campaign Medal.

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 awarding him the Bronze Star Medal and by adding the Bronze Star Medal, the World War II Victory Medal, and one bronze service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal to his separation document.


															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)                                         AR20080014933



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ABCMR Record of Proceedings (cont)                                         AR20080014933



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