IN THE CASE OF:
BOARD DATE: 31 MARCH 2009
DOCKET NUMBER: AR20080016955
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 Bronze Star Medal (BSM).
2. The applicant states that he is eligible for award of the BSM per Army Regulation 600-8-22 (Military Awards), paragraph 3-14, based on receiving award of the Combat Infantryman Badge (CIB) during World War II.
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 paragraph 3-14 of Army Regulation 600-8-22, dated 11 December 2006, 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 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 inducted into the Army of the United States and entered active duty on 7 June 1944. His WD AGO Form 53-55 shows he served in England from 19 December 1944 through 7 March 1946.
4. Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 indicates he was awarded the CIB.
5. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he received credit for participation in the Ardennes, Rhineland, and Central Europe campaigns.
6. The applicant was honorably discharged on 20 March 1946. His WD AGO Form 53-55 shows he was awarded the Army Good Conduct Medal, the Purple Heart with one oak leaf cluster, the European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal.
7. Army Regulation 600-8-22 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 CIB or the Combat Medical Badge is considered to be a citation in orders for award of the BSM. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.
8. Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the CIB during World War II. Therefore, he is authorized award of the BSM and correction of his records to show this decoration.
2. The applicant received credit for participation in three campaigns in the European theater of operations. Therefore, his records should be corrected to show three bronze service stars for wear on his 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:
a. awarding him the BSM based on award of the CIB and
b. amending his WD AGO Form 53-55 to add award of the BSM and three bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal.
________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) AR20080016955
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ABCMR Record of Proceedings (cont) AR20080016955
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