DOCKET NUMBER: AR20090000059
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 correction of his DD Form 214 [sic] (the applicant is referring to his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)) to show award of the Bronze Star Medal (BSM).
2. The applicant states he was not awarded the BSM until 1963 because he was transferred to another unit and it is not entered on his DD Form 214.
3. The applicant provides a BSM certificate, WD AGO Form 53-55, and a War Department Form 372A (Final Payment Worksheet) 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. The following information was derived from documents furnished by the applicant.
3. The applicant's military records show he was inducted into the Army of the United States on 18 July 1944 and entered active duty the same day. He was promoted to the rank of staff sergeant.
4. On 29 June 1946, the applicant was released from active duty after completing 1 year, 11 months, and 12 days of active service.
5. The applicant's WD AGO Form 53-55 shows he served in the European theater of operations from 18 January 1945 to 15 June 1946.
6. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not list the BSM. The applicant's records do not contain orders for the BSM or a recommendation for award of the BSM.
7. His WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge (CIB) on General Orders Number 19, Headquarters, 222d Infantry, dated 4 May 1945.
8. The applicant provided a BSM certificate, dated 21 January 1963, showing award of the BSM for meritorious achievement in ground operations against the enemy.
9. Army Regulation 600-8-22 (Military Awards) provides 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 such 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. This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.
DISCUSSION AND CONCLUSIONS:
1. Since the applicant was awarded the CIB, he is entitled to be awarded the BSM based on policies enacted subsequent to the applicant's separation.
2. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 adding the Bronze Star Medal to his WD AGO Form 53-55 based on his CIB.
___________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.
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