IN THE CASE OF:
BOARD DATE: 11 DECEMBER 2008
DOCKET NUMBER: AR20080015669
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 that he be awarded the Bronze Star Medal (BSM).
2. The applicant states that he should have been awarded the BSM based on his award of the Combat Infantryman Badge (CIB).
3. The applicant provides a copy of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) and his Honorable Discharge Certificate.
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 applicants 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 applicants 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 was born on 4 July 1926 and was inducted at Fort Oglethorpe, Georgia, on 11 October 1944. He completed his training and was transferred to the European theater of operations (ETO) on 28 February 1945.
4. He was assigned to Company L, 301st Infantry Regiment, 94th Infantry Division, and participated in the Rhineland and Central Europe Campaigns. He was advanced to the rank of private first class on 28 March 1946 and on 1 August 1946 he departed the ETO for return to the United States. He arrived in the Continental United States on 11 August 1946 and was transferred to Fort Meade, Maryland, where he was honorably discharged on 16 August 1946.
5. His WD AGO Form 53-55 reflects that he was awarded the CIB, the Good Conduct Medal, the Army of Occupation Medal with Germany clasp, the European-African-Middle Eastern (EAME) Campaign Medal, the World War II Victory Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). The WD AGO Form 53-55 also shows he participated in two campaigns.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 BSM is to be awarded to individuals who were authorized either badge for service during World War II (WWII).
7. Appendix B of Army Regulation 600-8-22 lists the WWII campaigns. During the applicant's tour of duty in the European theater credit was awarded for participation in two campaigns. This same regulation states that a bronze service star will be awarded for wear on the EAME Campaign Medal for participation in each qualifying campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the CIB during WWII and thus is entitled to be awarded the BSM for meritorious service during WWII. Accordingly, it would be in the interest of justice to do so at this time.
2. Additionally, the applicant is also entitled to be awarded two bronze service stars for wear on his EAME Campaign Medal to denote his campaign participation.
BOARD VOTE:
____X____ __X______ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 BSM for meritorious service during WWII and two bronze service stars for wear on his already awarded EAME Campaign Medal.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during WWII are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20080015669
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080015669
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120000518
The applicant, the spouse 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: * award of the World War II (WWII) Victory Medal * award of the Bronze Star Medal (BSM) based on award of the Combat Infantryman Badge (CIB) * participation credit for the Ardennes-Alsace campaign * award of the BSM with "V" Device 2. The applicant provides copies of the FSM's WD AGO Form 53-55,...
ARMY | BCMR | CY2011 | 20110021086
The applicant requests correction of his record to add his Combat Infantryman Badge (CIB) and to be awarded the Bronze Star Medal (BSM). They also confirmed the applicant received the CIB at the same time they did and the BSM was authorized after the war ended for members of the infantry who held the CIB based on combat service during WWII and they received this award. Although the WD AGO Form 53-55 does not include the CIB, given the applicant held and served in a qualifying infantry MOS...
ARMY | BCMR | CY2011 | 20110013274
Therefore, the BSM is to be awarded to individuals who were authorized the CIB for service during WWII. The evidence also shows that during his tenure of assignment, the applicants unit received participation credit for the Ardennes-Alsace, Central Europe, and Rhineland campaigns of WWII and as a result, item 32 of his WD AGO Form 53-55 should be corrected accordingly. As a result, there is insufficient evidence to support a correction of the record to show a 2nd award of the BSM.
ARMY | BCMR | CY2009 | 20090013059
Chapter 5 of the awards regulation contains guidance on service medals and service ribbons. Therefore, it would be appropriate to correct item 32 of his WD AGO Form 53-55 to reflect all eight campaigns identified and to correct item 33 by adding the DUC 1st Oak Leaf Cluster (2nd Award), Army Occupation Medal with Germany Clasp, and 1 silver service star, 3 bronze service stars and 1 bronze arrowhead with his EAME Campaign Medal. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2010 | 20100023653
The applicant's military record is not available to the Board for review. An NPRC letter, dated 23 December 2009 shows that based on a review of the NPRC file pertaining to the applicant, the following awards were authorized for shipment to the applicant: * BSM * POW Medal * AGCM * ACM * EAME Campaign Medal with three bronze service stars * WWII Victory Medal * CIB * Honorable Service Lapel Button-WWII * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 8. As a result, the Board...
ARMY | BCMR | CY2003 | 2003088810C070403
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Exhibit A - Application for correction of military records. There is no evidence available to indicate the applicant was wounded in November 1944, therefore, he is not authorized an additional award of the PH.
ARMY | BCMR | CY2009 | 20090016439
The applicant's military record is not available to the Board for review. Absent any derogatory information or unit commander disqualification on his WD AGO Form 53-55 or in his NPRC file, it would be appropriate and serve the interest of equity and justice to award the applicant the AGCM for his qualifying honorable active duty service from 18 January 1943 through 1 November 1945, and to add this award to his WD AGO Form 53-55. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2003 | 2003090049C070212
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The shrapnel was removed from his chest and he returned to duty on an unknown date in November 1943. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was awarded the PH, WWII Victory Medal, BSM based on award of the CIB,...
ARMY | BCMR | CY2010 | 20100019029
His military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the BSM based on his receipt of the CIB, and b. adding the BSM and AOM with Germany clasp to item 33 of his WD AGO Form 53-55. As a result, the Board recommends denial of so much of the application that pertains to awarding the WWII Victory Medal and adding campaign credit for the Battle of...
ARMY | BCMR | CY2001 | 2001064205C070421
The applicant requests that his records be corrected to show that he was awarded the Bronze Star Medal (BSM) based upon his award of the Combat Infantryman Badge (CIB). c. The World War II Victory Medal (WWII Victory Medal) is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214 [and, in this...