IN THE CASE OF:
BOARD DATE: 1 September 2009
DOCKET NUMBER: AR20090005607
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 award of the Bronze Star Medal (BSM).
2. The applicant states that he should have been awarded the BSM when he was awarded the Combat Infantryman Badge (CIB).
3. The applicant provides no additional documents 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 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 ABCMR 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.
3. The applicant's available record shows he was inducted into the Army of the United States on 15 February 1943 and entered active duty on 22 February 1943.
4. Item 31 (Military Qualifications and Date (i.e., infantry, aviation, and marksmanship badges, etc.) of the applicants WD AGO 53-55 shows award of the CIB.
5. Item 36 (Service Outside Continental U.S. and Return) of his WD AGO 53-55 shows that he served in the European Theater of Operations (ETO) from 8 July 1943 through an unknown date, and that during his ETO tour he was assigned to the 35th Infantry Regiment, 25th Infantry Division, performing duties as an Instrument Corporal.
6. On 29 October 1945, the applicant was honorably discharged after completing a total of 2 years, 8 months, and 8 days of creditable active military service. The WD AGO 53-55 he was issued shows he earned the following awards during his active duty tenure: the Asiatic Pacific Theatre Service Ribbon, the Philippine Liberation Service Ribbon, the Good Conduct Medal, the Purple Heart, and the Victory Medal.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 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. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant served a qualifying period of service for award of the BSM based upon award of the CIB. Therefore, he is entitled to 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 showing award of the BSM.
_______ _ 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) AR20090005607
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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