IN THE CASE OF:	 

		BOARD DATE:	       31 MARCH 2009

		DOCKET NUMBER:  AR20080016964 


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, the son of the deceased former service member (FSM), requests that the Bronze Star Medal be added to the FSM's records.

2.  The applicant states the FSM was awarded the Bronze Star Medal on 17 March 1952 and it is not listed in his records.

3.  The applicant provides a copy of the FSM's death certificate; the FSM's Bronze Star Medal award certificate, dated 17 March 1952; the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge); and the FSM's Honorable Discharge Certificate, dated 20 October 1945, 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 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 that 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 was inducted into the Army of the United States on 26 September 1942 and entered active duty on 10 October 1942.  He served in the European-African-Middle Eastern theater of operations from 23 February 1944 to 11 August 1945.

4.  Item 31 (Military Qualification and Date) of the FSM's WD AGO Form 53-55 shows the FSM was awarded the Combat Infantryman Badge in July 1944.

5.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he received credit for participation in the Normandy, Northern France, Ardennes, Central Europe, and Rhineland campaigns.

6.  The FSM was honorably discharged on 20 October 1945.  His WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Theater Campaign Medal and the Army Good Conduct Medal.

7.  The applicant provided a certificate, dated 17 March 1952, which shows the FSM was awarded the Bronze Star Medal for meritorious achievement in ground operations against the enemy in the European theater of operations during the Normandy Campaign.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the Normandy Campaign covered the period 6 June 1944 through 24 July 1944.

8.  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 for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

9.  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.

10.  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 1 year.

11.  Army Regulation 600-8-22 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 states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  The regulation states that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM was awarded the Bronze Star Medal on 17 March 1952 but it is not listed in his records.

2.  The FSM's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge (July 1944) during World War II, which authorized him award of the Bronze Star Medal.

3.  The applicant provided an award certificate which shows the FSM was awarded the Bronze Star Medal on 17 March 1952 for meritorious achievement in the European-African-Middle Eastern theater of operations.  Based on the evidence, it would be appropriate to amend the FSM's records to show award of the Bronze Star Medal.

4.  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.
5.  The FSM received credit for participation in five campaigns during World War II; therefore, he is eligible for one silver service star in lieu of five 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 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 service star 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)                                         AR20080016964



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016964



4



ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS



1