IN THE CASE OF:
BOARD DATE: 5 November 2009
DOCKET NUMBER: AR20090009771
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 military records to show award of the Bronze Star Medal based upon award of the Combat Infantryman Badge for his service during World War II.
2. The applicant states that he did not know he was authorized the Bronze Star Medal.
3. The applicant provides, in support of his application, a copy of his 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. The applicant'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 applicant's records were lost or destroyed in that fire. However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.
3. The applicants WD AGO Form 53-55 shows:
a. in Item 31 (Military Qualification and Date): the Combat Infantryman Badge;
b. in Item 32 (Battles and Campaigns): Rhineland; Central Europe;
c. in item 33 (Decorations and Citations): the EAME [European-African-Middle Eastern] Service Medal with 2 bronze service stars, Good Conduct Medal, World War II Victory Medal, and Occupation Medal [with Germany Clasp]. It does not show award of the Bronze Star Medal.
d. in Item 36 (Service Outside Continental U.S. and Return): The applicant arrived in the European Theater of Operations (ETO) on 20 December 1944 and departed the ETO on 3 January 1946.
4. 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 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 World War II.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show award of the Bronze Star Medal based on his award of the Combat Infantryman Badge.
2. The available evidence shows the applicant served in the ETO from December 1944 to January 1946 and was awarded the Combat Infantryman Badge. Therefore, he should be awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.
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 the Bronze Star Medal based upon award of the Combat Infantryman Badge;
b. adding the Bronze Star Medal to the awards already shown on his WD AGO Form 53-55; and
c. providing the applicant a document to show the above correction.
_______ _ _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) AR20090009771
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ABCMR Record of Proceedings (cont) AR20090009771
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