IN THE CASE OF:	

		BOARD DATE:	16 June 2009  

		DOCKET NUMBER:  AR20090000077 


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 record to show award of the Bronze Star Medal with a Valor Device [Device "V"] and the Bronze Star Medal with First Oak Leaf Cluster.

2.  The applicant states, in effect, that the first Bronze Star Medal awarded to him should have included the Device "V," due to the fact that it was awarded based upon his heroism.  The applicant also states, in effect, that the Bronze Star Medal with First Oak Leaf Cluster does not appear on his separation documents due to the fact that it was not awarded to him until after he was relieved from active duty.

3.  The applicant provides copies of orders showing he was awarded the Bronze Star Medal, the Bronze Star Medal with First Oak Leaf Cluster, and the Purple Heart as documentary evidence 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 record shows that, after having had prior enlisted service, he was appointed in the Army of the United States as a second lieutenant (2LT)/pay grade O-1 on 1 December 1943 and entered active duty on 30 September 1943.  His military occupational specialty (MOS) was 2120 (Administrative Officer, Medical).  The applicant held the rank of captain (CPT)/pay grade O-3, when he was relieved from active duty on 11 March 1946.  The applicant ultimately retired from the United States Army Reserve Control Group (Reinforcement) as a colonel (COL)/pay grade O-6, effective 26 July 1977.

3.  The applicant's record also shows that he served in the European-African- Middle Eastern Theater of Operations from 9 October 1944 through 7 January 1946, and that he participated in three battle and/or campaigns:  the Rhineland, Ardennes, and Central Europe campaigns of World War II.  During his deployment, he was assigned to Companies B and D of the 327th Medical Battalion and the Medical Detachment of the 318th Infantry Regiment.  All of these units were part of the 102nd Infantry Division.

4.  Headquarters, 99th Infantry Division, General Orders 59, dated 11 June 1945, show the applicant was awarded the Purple Heart for wounds received as a result of enemy action on 6 March 1945, in Germany.

5.  Headquarters, 99th Infantry Division, General Orders 86, dated 20 July 1945, show the applicant was awarded the Bronze Star Medal for heroic action in connection with military operations against the enemy on 5 March 1945, in Germany.

6.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) shows he was awarded or authorized the Distinguished Unit Badge, the Combat Medical Badge, the Purple Heart, the Bronze Star Medal, the American Theater Medal [properly known as the American Campaign Medal], the European African Middle Eastern Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal with Germany Clasp, and the Army Good Conduct Medal.

7.  Item 13 (Title-Description-Related Civilian Occupation) in the Summary of Military Occupations portion of the applicant's WD AGO Form 100 (Separation Qualification Record), in pertinent part, shows that he was awarded the Bronze Star Medal for valor in combat and received the Purple Heart for a wound he sustained.  Item 24 (Remarks) in the Additional Information portion of this form shows the applicant's decorations as:  the Combat Medical Badge, the Bronze Star Medal, the Purple Heart, the American Campaign Medal, the European Theater Medal with battle stars [properly known as bronze service stars], the World War II Victory Medal, and the Distinguished Unit Badge.  Neither the Bronze Star Medal with "V" Device nor the Bronze Star Medal with First Oak Leaf Cluster is shown on this form.

8.  Item 29 (Decorations and Citations) of the applicant's WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service), covering the period of 1 December 1943 through 11 March 1946, shows he was awarded or authorized  the Bronze Star Medal, the Purple Heart, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, and the Distinguished Unit Badge.  Item 43 (Remarks) of this form shows the applicant was also authorized the Combat Medical Badge.  The Bronze Star Medal with Device "V," the Bronze Star Medal with First Oak Leaf Cluster, the Army of Occupation Medal with Germany Clasp, and bronze service stars are not shown on this form.

9.  Department of the Army, Office of the Adjutant General, Washington, DC, Letter Orders, dated 22 September 1958, show the applicant was awarded the Bronze Star Medal with First Oak Leaf Cluster for exemplary conduct in ground combat against the armed enemy during the Central Europe campaign.  The applicant's previous award of the Combat Medical Badge was cited as the authority for this award.

10.  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.  Therefore, 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, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  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.

12.  Department of the Army Pamphlet 672-1 shows that at the time of the applicant's assignment to the 327th Medical Battalion of the 102nd Infantry Division, the unit was cited for award of the Army of Occupation Medal with Germany Clasp.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 26 (Battles and Campaigns) of the WD AGO Form 53-98.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award of the Bronze Star Medal with Device "V" and the Bronze Star Medal with First Oak Leaf Cluster was carefully considered and found to have merit.

2.  Evidence shows the applicant was awarded his initial Bronze Star Medal for heroism and valor.  General Orders awarded the applicant a second Bronze Star Medal.  Therefore, he is entitled to have his WD AGO Form 53-98 corrected to show award of the Bronze Star Medal with "V" Device and with First Oak Leaf Cluster.

3.  Evidence shows that based on his World War II service in Germany, the applicant is entitled to the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to have his WD AGO Form 53-98 corrected to show this service medal.

4.  Evidence shows the applicant participated in three campaigns during World War II.  Therefore, he is authorized three bronze service stars to be affixed to his previously-awarded European-African-Middle Eastern Campaign Medal and entitled to have his WD AGO Form 53-98 corrected to show these appurtenances.


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 Item 29 of the applicant's WD AGO Form 53-98 be corrected by:

	a.  deleting the Bronze Star Medal; and

	b.  adding the following awards and decorations:

		(1)  the Bronze Star Medal with "V" Device and with First Oak Leaf Cluster;

		(2)  the Army of Occupation Medal with Germany Clasp; and

		(3)  three bronze service stars to be affixed to his previously-awarded European-African-Middle Eastern 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)                                         AR20090000077





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ABCMR Record of Proceedings (cont)                                         AR20090000077



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