IN THE CASE OF:	  

		BOARD DATE:	  	  29 January 2009

		DOCKET NUMBER:  AR20080017183 


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, in effect, correction of his records to show award of the Bronze Star Medal.

2.  The applicant states, in effect, he was awarded the Bronze Star Medal, but did not receive the award until 19 September 1991.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) with an effective date of 23 April 1947 and a DA Form 4980-5 (Bronze Star Medal Certificate), dated 6 September 1991.

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 service 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’s available military service records contain a WD AGO Form
53-55 (on 2 pages) that shows he was inducted into the Army of the United States and entered active duty on 14 September 1944.  He was honorably discharged for the convenience of the government on 25 October 1945 to enlist in the Regular Army (RA).  Item 6 (Organization) shows he was assigned to Company M, 309th Infantry Regiment and Item 30 (Military Occupational Specialty [MOS] and Number) shows he was awarded MOS 745 (Rifleman).  Item 31 (Military Qualification and Date) shows he was awarded the Marksman Marksmanship Qualification Badge with (M1) Rifle Bar and Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns.  Item 33 (Decorations and Citations) shows he was awarded the Combat Infantryman Badge.  Item 36 (Service Outside Continental U.S. and Return) shows the applicant departed the United States on 1 March 1945 and arrived in Southampton, England on 8 March 1945.  This document also shows the applicant completed 5 months and 17 days of continental service; 7 months and 25 days of foreign service; and 1 year, 1 month, and 12 days longevity for pay purposes.

4.  The applicant’s available military service records contain a WD AGO Form
53-55 (on 2 pages) that shows he entered into active service in the RA on
26 October 1945 and was honorably discharged for the convenience of the government on 23 April 1947 based on demobilization.  Item 31 shows he was awarded the Combat Infantryman Badge and Item 33 shows he was awarded the World War II Victory Medal.  Item 36 shows the applicant enlisted while serving in the European Theater of Operations (ETO) on 26 October 1945 and that he arrived in the United States on 1 December 1945.  This document also shows the applicant completed 1 year, 4 months, and 22 days of continental service;
1 month and 6 days of foreign service; and 2 years, 7 months, and 10 days longevity for pay purposes.

5.  The applicant’s available military service records contain two DA Forms 1577 (Authorization for Issuance of Awards), dated 6 September 1991, that show the applicant was issued the Bronze Star Medal, Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with
2 bronze service stars, World War II Victory Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and Honorable Service Lapel Button (World War II).  The DA Form 1577, Remarks section, in pertinent part, states “[t]he Bronze Star Medal is based on award of the Combat Infantryman Badge.  Appropriately inscribed certificate is enclosed.”  The DA Form 1577 also shows that the awards were authorized under the signature of J. C. H______, Lieutenant Colonel, U.S. Army, Adjutant General, Army Reserve Personnel Center, St. Louis, Missouri.

6.  The applicant’s available military service records are absent orders awarding the applicant the Bronze Star Medal.  In addition, there is no evidence that a
DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued to correct the applicant’s WD AGO Forms 53-55 adding the Bronze Star Medal.  In addition, there is no evidence that a DD Form 215 was issued to correct the applicant’s WD AGO Forms 53-55 to show all of his authorized awards and decorations.

7.  In support of his application, the applicant provides, in pertinent part, a copy of a DA Form 4980-5 that shows he was awarded the Bronze Star Medal for meritorious achievement in ground combat against the armed enemy during World War II in the European-African-Middle Eastern Theater of Operations.  This document also shows the certificate was issued on 6 September 1991.

8.  A review of the applicant’s available records reveals he may be authorized additional awards that are not shown on his WD AGO Forms 53-55.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), in pertinent part, shows that at the time of the applicant's assignment to Company M, 309th Infantry Regiment, the unit was authorized credit for the occupation of Germany from 2 May to 31 October 1945.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

12.  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 (Battles and Campaigns) 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.

13.  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, 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.

14.  War Department Circular, Number 269 (1943) established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.

15.  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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show he was awarded the Bronze Star Medal.

2.  The evidence of record shows that the applicant was awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy during World War II.  The evidence of record also shows that an award of the Combat Infantryman Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.  As a result, the applicant was issued the Bronze Star Medal Certificate on 9 September 1991. However, there is no evidence that orders were issued announcing the award. There is also no evidence that his WD AGO Form 53-55 was corrected to show the award.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Bronze Star Medal.

3.  The evidence of record shows the applicant was assigned to Company M, 309th Infantry Regiment and was credited with service in the ETO from 1 March 1945 to 1 December 1945.  The evidence of record also shows that the applicant qualified for award of the European-African-Middle Eastern Campaign Medal on 31 March 1945 and he participated in two campaigns.  Therefore, the applicant’s records should be corrected to show award of this service medal with 2 bronze service stars.

4.  Records show that the applicant's unit was granted credit for the occupation of Germany from 2 May to 31 October 1945.  The evidence of record also shows that award of the Army of Occupation Medal with Germany Clasp is authorized to individuals for qualifying service between 9 May 1945 and 5 May 1955 provided the European-African-Middle Eastern Campaign Medal was awarded prior to
9 May 1945.  Therefore, in view of the foregoing, the applicant’s records should be corrected to show award of the Army of Occupation Medal with Germany Clasp.

5.  The evidence of record shows that the Adjutant General, Army Reserve Personnel Center, St. Louis, Missouri, notified the applicant of verification of his entitlement to the American Campaign Medal and authorized issuance of the service medal to him.  Therefore, it would be appropriate to correct his records to show award of this service 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 the applicant the Bronze Star Medal for meritorious achievement for exemplary conduct in ground combat during the period 8 March 1945 to
30 November 1945; 

     b.  correcting the applicant’s WD AGO Form 53-55 with an effective date of
25 October 1945 by adding to Item 33 the “Bronze Star Medal, European-African-Middle Eastern Campaign Medal with 2 bronze service stars, and Army of Occupation Medal with Germany Clasp”; and

     c.  correcting the applicant’s WD AGO Form 53-55 with an effective date of
23 April 1947 by:

(1) adding to Item 31 the “Marksman Marksmanship Qualification Badge
with Rifle Bar”; and

         (2) adding to Item 33 the “Bronze Star Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with 2 bronze service stars, and Army of Occupation Medal with Germany Clasp.”




      _______ _   _X______   ___
               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)                                         AR20080017183



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ABCMR Record of Proceedings (cont)                                         AR20080017183



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