IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20090000497
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Bronze Star Medal.
2. The applicant states, in effect, that he earned the medal during World War II, that he was awarded the medal, and that the medal was omitted from his separation document.
3. The applicant provides a copy of his WD AGO Form 53-55 and a citation for award of the Bronze Star Medal for heroic achievement (i.e., the Bronze Star Medal with "V" Device) 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 applicants 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 applicants failure to
timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants 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 was inducted on 15 January 1943 and entered active duty on 24 January 1943. He served in the European Theater of Operations from 6 April 1944 to 3 November 1945 and was honorably discharged on 16 November 1945.
4. Item 32 (Battles and Campaigns) on the applicant's WD AGO Form 53-55 shows he participated in five battles and campaigns. Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows the Good Conduct Medal, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal as authorized awards.
5. There are no orders for the Bronze Star Medal in the available records. However, the applicant provided a citation from the Office of the Commanding General, 83rd Infantry Division which shows the applicant was awarded the Bronze Star Medal for heroic achievement on 1 April 1945.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. The regulation states that the bronze V Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze V Device in conjunction with award of the Bronze Star Medal.
7. 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.
8. 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 also provides that a silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. There are no orders for the Bronze Star Medal in the available records. However, the citation from the Office of the Commanding General, 83rd Infantry Division shows the applicant was awarded the Bronze Star Medal for heroic achievement on 1 April 1945. Any reasonable doubt should be resolved in the applicants favor and, therefore, the citation is accepted as a sufficient basis for adding the Bronze Star Medal with "V" Device to the applicant's WD AGO Form 53-55.
2. The applicant served a period of qualifying service for award of the World War II Victory Medal. Therefore, his reconstructed record should be corrected to show this award.
3. The applicant participated in five battles and campaigns during World War II which makes him eligible for award of the European-African-Middle Eastern Campaign Medal with one silver service star. Therefore, his reconstructed record should be corrected 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:
a. deleting from item 33 of the applicant's WD AGO Form 53-55 the entry "European African Middle Eastern"; and
b. adding to item 33 of the applicant's WD AGO Form 53-55 the Bronze Star Medal with "V" Device, World War II Victory Medal, and the European-African-Middle Eastern Campaign Medal with one silver service star.
_________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) AR20090000497
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090000497
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070007276C071029
The applicant states, in effect, that he requested award of the Bronze Star Medal from the National Personnel Records Center and they recommended he apply to this Board for one. The applicant served on active duty, as a member of the Army of the United States, during the qualifying period for award of the World War II Victory Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the already-awarded Bronze...
ARMY | BCMR | CY2011 | 20110020947
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to: * change item 6 (Organization) from "Company A, 159th Infantry" to "Cannon Company, 142nd Infantry Regiment, 36th Infantry Division" * add the following awards, battles, or campaigns: * one arrowhead device * Salerno * Anzio * Bulge (i.e., Ardennes-Alsace) 2. The primary record available to this Board is the applicant's WD AGO Form 53-55. As a result, the Board...
ARMY | BCMR | CY2002 | 2002073584C070403
There are no orders in the applicant’s service personnel records which awarded him the Purple Heart. The applicant’s WD AGO Form 53-55 does not show a second award of the Bronze Star Medal to which he is entitled based on award of the Combat Infantryman Badge, award of American Campaign Medal to which he is entitled based on his “Continental Service” of over two years, the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal to which he is entitled based on his...
ARMY | BCMR | CY2014 | 20140009781
The applicant, the daughter of a deceased former service member (FSM), requests correction of his records to show award of the: * Purple Heart * Prisoner of War Medal 2. Although the FSM's military records were destroyed by fire, sufficient Army records show he was wounded by enemy action and treated; therefore, he is entitled to award of the Purple Heart for injuries incurred on 10 December 1944 and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends...
ARMY | BCMR | CY2003 | 2003084311C070212
The applicant's WD AGO Form 53-55 shows the Bronze Star Medal and the Combat Medical Badge as authorized awards. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. That all of the Department of the Army records related to this case be corrected by showing that the individual...
ARMY | BCMR | CY2009 | 20090010924
The applicant states that she hopes there is a record of the FSM being awarded the SS because he did earn it and receive it. Given hospital commanders had the authority to award the PH for wounds received in action, this also could possibly be the award the applicant believes the FSM was awarded and for which he received a certificate while in the hospital. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting...
ARMY | BCMR | CY2002 | 2002078719C070215
The Board notes that the applicant’s WD AGO Form 53-55 does not show the World War II Victory Medal as an authorized award. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the World War II...
ARMY | BCMR | CY2003 | 2003088691C070403
The applicant requests, in effect, that his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge, be corrected to add the Ardennes-Alsace Campaign and the recently awarded Bronze Star Medal. The applicant arrived in the United States on 25 October 1945. a. awarding the applicant: a bronze service star, for his participation in the Ardennes Alsace Campaign, to be affixed along with the already-authorized silver service star to his European-African-Middle Eastern...
ARMY | BCMR | CY2004 | 20040010871C070208
The applicant requests that his discharge document be corrected to show the European-African-Middle-Eastern Campaign Medal with 7 bronze service stars. The applicant’s military records are not available for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 32 of his WD AGO to show the entry "Sicily"; and b. showing award of the World War II Victory Medal, the Army of Occupation Medal with Germany...
ARMY | BCMR | CY2008 | 20080019198
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he participated in the Battle of the Bulge. The applicant's unit participated in eight battles and campaigns during his assignment in the European Theater of Operations which entitles him to the European-African-Middle Eastern Campaign Medal with one silver service star and three bronze service stars. As a result, the Board recommends that all Department of the Army records of the...