IN THE CASE OF:	  

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090009483 


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, on behalf of her husband (a former service member (FSM)), correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Bronze Star Medal for Valor, Combat Infantryman Badge, and Combat Action Ribbon. 

2.  The applicant states, in effect, that she believes her husband did not serve in a support role but was in continuous active infantry combat action against the enemy and served with valor.

3.  The applicant provides a copy of the FSM's WD AGO Form 53-55 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 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.  The FSM's 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 FSM's records were lost or destroyed in that fire.  However, there are sufficient documents available for the Board to conduct a fair and impartial review of this case.

3.  The FSM's military records show he was inducted into the Army of the United States on 2 July 1942 and entered active duty on 16 July 1942.  It shows his Arm or Service as Signal Corps.  He was promoted to the rank of private first class.

4.  The FSM's WD AGO Form 53-55 shows he served in the European theater of operations from 18 January 1944 to 19 November 1945.  This document shows he was assigned to the 275th Signal Construction Company.

5.  Available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Bronze Star Medal, Combat Infantryman Badge, or Combat Action Ribbon by proper authority.

6.  The FSM's WD AGO Form 53-55 shows he was released from active duty on 8 December 1945 after completing 3 years, 4 months, and 23 days of active service.

7.  The FSM's WD AGO Form 100 (Separation Qualification Record) shows his military occupational specialties were light truck driver and lineman telephone and telegraph.  His WD AGO Form 53-55 shows his military occupational specialty at the date of his separation as a lineman telephone and telegraph.  

8.  Army Regulation 600-8-22 (Military Awards) provides 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 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 such achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.

9.  Army Regulation 600-8-22 states in pertinent part that there are three basic requirements for the Combat Infantryman Badge.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of 


brigade, regimental or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further stipulates that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

10.  Department of Defense Instruction 1348.33 (Military Awards Program) states the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who have actively participated in ground or surface combat.  The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia effective 1 March 1961 and ending with Operation Desert Storm in 1991.

11.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The FSM's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.



DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry military occupational specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  There is no evidence showing the FSM was awarded and served in an infantry military occupational specialty while assigned to an infantry unit of brigade, regimental or smaller size.  Therefore, regrettably, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.

2.  While the available evidence is insufficient for awarding the FSM the Bronze Star Medal for Valor, and thus adding it to his WD AGO Form 53-55, this in no way affects the applicant's right to pursue a claim for the Bronze Star Medal by submitting a request through her Member of Congress under the provisions of 10 USC 1130.

3.  The Combat Action Ribbon is a Navy award.  There is no available evidence the FSM served in the Navy.  In addition, it was not an authorized award during World War II.  As such, he is not entitled to this award.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by her husband in service to our Nation.  The applicant and all Americans should be justifiably proud of her husband’s service in arms.  



      _______ _   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)                                         AR20090009483



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ABCMR Record of Proceedings (cont)                                         AR20090009483



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