IN THE CASE OF:
BOARD DATE: 17 December 2009
DOCKET NUMBER: AR20090008784
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 records to show award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).
2. The applicant states he was awarded the CIB, but it is not a part of his discharge document. He claims that he is also entitled to a BSM as a recipient of the CIB.
3. The applicant provides a copy of general orders for award of the CIB and a copy of his WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service).
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 appointed in the Officer Reserve Corps on an unknown date and entered active duty on 5 February 1943. His WD AGO Form 53-98 shows he served in the Asiatic-Pacific Theater of Operations from 12 October 1943 through 13 October 1945.
4. Item 4 (Arm or Service) of his WD AGO Form 53-98 shows his branch as Infantry.
5. The applicant provided a copy of Headquarters, Combat Command General Orders Number 57, dated 29 September 1945, which show he was awarded the CIB effective 7 June 1944 for action against the enemy.
6. The applicant was separated from active duty on 9 February 1946. His WD AGO Form 53-98 shows he was awarded the Asiatic-Pacific Campaign Medal and the World War II Victory Medal.
7. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he received credit for participation in the India-Burma, China Defensive, and China Offensive campaigns.
8. 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 for award of the BSM. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.
9. Army Regulation 600-8-22 authorizes 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 campaign or service medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was awarded the CIB, but it is not a part of his discharge document. There is sufficient evidence on which to grant full relief in this case.
2. The applicant provided General Orders Number 57 which show he was awarded the CIB on 7 June 1944 for action against the enemy. These orders are accepted as sufficient evidence on which correct his records to show award of the CIB.
3. Based on the applicant's award of the CIB during World War II, he is authorized award of the BSM and correction of his records to show this decoration.
4. The applicant received credit for participation in three campaigns in the Asiatic-Pacific Theater of Operations. Therefore, his records should be corrected to show three bronze service stars for wear on his Asiatic-Pacific 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 him the BSM based on award of the CIB; and
b. amending his WD AGO Form 53-98 to add the CIB, the BSM, and three bronze service stars for wear on his already-awarded 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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