BOARD DATE: 1 September 2009
DOCKET NUMBER: AR20090006797
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 that his separation document be corrected to show award of the Bronze Star Medal.
2. The applicant states he is providing a Certificate for award of Bronze Star Medal to show he is authorized the medal.
3. The applicant provides a Certificate for award of the Bronze Star Medal and a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).
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. It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents provided by the applicant.
3. The applicant's WD AGO Form 53-55 shows that he:
a. served on active duty from 15 October 1940 through 7 September 1945.
b. participated in the Central Pacific, Eastern Mandates, and Ryukyus campaigns.
c. was awarded the American Defense Service Medal, the Asiatic-Pacific Campaign Medal, the Good Conduct Medal, the Purple Heart, the Expert Infantryman Badge, and the Combat Infantryman Badge.
4. The certificate showing award of the Bronze Star Medal, dated 3 April 1950, shows he was awarded this medal for meritorious service in ground operations against the enemy in the Pacific Theater of Operations.
5. Army Regulation 600-8-22 (Military Awards) provides the following:
a. the Bronze Star Medal was awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. It 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 WWII.
b. a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the above regulation. The regulation states that authorized service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized to be worn on the Asiatic-Pacific Campaign Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his separation document should be corrected to show award of the Bronze Star Medal.
2. The applicant is authorized award of the Bronze Star Medal based on receipt of the Combat Infantryman Badge during WW II. Therefore, it is appropriate to correct his record to show this award.
3. The applicant participated during three campaigns and he is authorized three bronze service stars to be worn on his Asiatic-Pacific Campaign Medal. It is appropriate to correct his record to show these service stars.
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 in addition to the awards listed on his WD AGO Form 53-55, the applicant is also authorized the Bronze Star Medal and three bronze service stars to be worn on his Asiatic-Pacific 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.
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