IN THE CASE OF:	  

		BOARD DATE:	        12 March 2009

		DOCKET NUMBER:  AR20080018447 


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 all awards and decorations he is authorized and to have a full replacement of his decorations.  

2.  The applicant states, in effect, he would like a full replacement of his decorations.  He also contends that he was a prisoner of war (POW). 

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 16 October 1945; a WD AGO Form 53-55 for the period ending 23 November 1946; a WD AGO Form 53-55 for the period ending 15 May 1949; a DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending
5 January 1951; orders for the Combat Infantryman Badge; a copy of a letter from the War Department Adjutant General's Office, dated 1 May 1945, addressed to his father; and an Army of the United States Honorable Discharge Certificate in support of this 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 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 contends he was a POW and, in effect, entitled to the POW Medal.  His reconstructed records do not show he was either officially classified as a POW or awarded the POW Medal.  Army Regulation 600-8-22 (Military Awards) provides for the award of the POW Medal to Soldiers who were taken prisoner and held captive while engaged in an action against an enemy of the United States.  It will only be awarded when the individual's POW status has been officially confirmed and recognized as such by the Department of the Army. All requests for the POW Medal for past armed conflicts will be initiated by former POWs using a personal letter.  The following documents, as applicable, should be submitted with POW Medal applications to assist in validating the award:  Army separation documents; casualty reports; messages/letters/telegrams sent home; unit journals, diaries, sworn eyewitness statements or affidavits, photos, ID Card, or other documents taken or obtained while in captivity;  news clippings, and other evidence in support of the request.  Applications should be forwarded to the National Personnel Records Center (NPRC), 9700 Page Avenue, St. Louis, MO 63132-5100.  The applicant has not exhausted all the administrative remedies available to him.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

4.  The applicant also requests a full replacement of all of his authorized awards. However, the ABCMR does not issue awards.  The applicant is advised that requests for medal sets for previously approved awards should be forwarded to 
the NPRC, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri 63132-5200.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  

Requests to the NPRC may be submitted via a letter or completing a Standard Form 180 (which can be found at http://www.archives.gov/st-louis/military-personnel/index.html).  Requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  Therefore, this portion of the applicant's request will also not be discussed further in these Proceedings.

5.  The applicant was inducted into the Army of the United States on 31 August 1942.  He arrived in the European Theater of Operations (ETO) on 21 January 1945.  His departure date from the ETO is not clear; however, he arrived in the United States on 3 June 1945.  The applicant continued to honorably serve through a series of reenlistments through 15 May 1969.  On 19 August 1950, the applicant again enlisted in the Army until his honorable discharge on 5 January 1951.

6.  Block 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 for the period ending 16 October 1945 shows he was awarded the European-African-Middle Eastern Campaign Medal with 2 bronze service stars, the Good Conduct Medal, and the Combat Infantryman Badge.  

7.  Block 33 of the applicant's WD AGO Form 53-55 for the period ending 
23 November 1946 shows he was awarded the World War II Victory Medal.

8.  Block 33 the applicant's WD AGO Form 53-55 for the period ending 15 May 1949, and block 27 (Decorations, Medals, Badges Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 5 January 1951, are blank. 

9.  The applicant provided a letter from the War Department Adjutant General's Office which shows he was reported missing in action as of 12 April 1945.

10.  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.

11.  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 includes permanent assignment outside the continental United States, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's requests for correction of his records to show all awards and decorations he is authorized has been carefully reviewed.

2.  Based on his award of the Combat Infantryman Badge, the applicant is entitled to the award of the Bronze Star Medal.  Therefore, the applicant should be awarded the Bronze Star Medal and his reconstructed records corrected to show this award.

3.  The applicant served a period of qualifying service for award of the American Campaign Medal based on active duty service within the continental United States for an aggregate period of 1 year between 31 August 1942 and 
16 October 1945.  Therefore, the applicant is entitled to award of the American Campaign Medal and correction of his records to show this award.

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 for the period ending 16 October 1945 to add the Bronze Star Medal and the American Campaign Medal.




      __________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)                                         AR20080018447



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ABCMR Record of Proceedings (cont)                                         AR20080018447



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