IN THE CASE OF:	  

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090008171 


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 records be corrected to show two awards of the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal for his individual actions and is entitled to a second Bronze Star Medal based on receipt of his award of the Combat Infantryman Badge during World War II (WWII).

3.  The applicant provides copies of a Bronze Star Medal Citation, General Orders Number 215, 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 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.  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 reconstructed personnel records and documents provided by the applicant.

3.  A copy of the original citation for his Bronze Star Medal, dated 28 November 1945, signed by the 42nd Infantry Division Commanding General is contained in the official reconstructed records.  The applicant was awarded the medal for his courageous actions on 15 March 1945 in evacuation of several wounded Soldiers while under heavy artillery and small arms fire.

4.  Headquarters, 42nd Infantry Division, General Orders Number 215, dated 18 December 1945, awarded the applicant the Bronze Star Medal for meritorious achievement in action.  The date of achievement is shown as 15 March 1945.

5.  The applicant's WD AGO Form 53-55 provides the following:

	a.  service from 6 June 1944 through 24 April 1946;

	b.  service with 242nd Infantry Regiment, 42nd Infantry Division;

	c.  qualification for the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar;

	d.  participation in the Rhineland and Central Europe campaigns;

	e.  authorized awards are the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Army Good Conduct Medal, and the WWII Victory Medal; and 

	f.  service outside of the continental United States as departure for the European theater of operations on 25 November 1944; arrival in Europe on 8 December 1944; departure on an undocumented date; and arrival in the United States on 5 January 1946.

6.  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 also 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 WWII.  A bronze oak leaf cluster is authorized to denote a subsequent award of the Bronze Star Medal.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 242nd Infantry Regiment, 42nd Infantry Division, is credited with participation in three campaigns, including the Ardennes-Alsace campaign which is not listed on the applicant’s discharge document.  It further shows that this unit received credit for occupation duty in Germany.

8.  Army Regulation 600-8-22 states that 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was awarded the Bronze Star Medal for his personal actions and is entitled to a second Bronze Star Medal based on receipt of his award of the Combat Infantryman Badge during WWII.

2.  The applicant was awarded the Bronze Star Medal for his achievements in combat on 15 March 1945.  This award is not listed on his discharge document.

3.  The applicant was awarded the Combat Infantryman Badge during WWII.  In accordance with regulations, based on the award of the Combat Infantryman Badge during WWII he is entitled to award of a second Bronze Star Medal.

4.  In addition to the awards listed on the WD AGO Form 53-55, the applicant is authorized award of the Army of Occupation Medal with Germany Clasp and an additional bronze service star for wear on the European-African-Middle Eastern Campaign Medal.

5.  Therefore, it is appropriate to correct the applicant's discharge document to show award of the Bronze Star Medal with one Oak Leaf Cluster, the Army of Occupation Medal with Germany Clasp and three bronze service stars for wear on the European-African-Middle Eastern Campaign Medal.

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.  awarding the applicant a second Bronze Star Medal based on the award of the Combat Infantryman Badge during WWII and

	b.  correcting his discharge document to show that, in addition to the awards listed on the WD AGO Form 53-55, the applicant is authorized award of the Bronze Star Medal with one Oak Leaf Cluster, the Army of Occupation Medal with Germany Clasp, and a third bronze service star for wear on the 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)                                         AR20090008171



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ABCMR Record of Proceedings (cont)                                         AR20090008171



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