IN THE CASE OF:
BOARD DATE: 10 November 2009
DOCKET NUMBER: AR20090010150
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) for the period ending 10 February 1946 to show award of the Bronze Star Medal (BSM) and the Combat Medical Badge (CMB).
2. The applicant states that his separation documents do not reflect the award of the BSM or the CMB.
3. The applicant provides a copy of his WD AGO Form 53-55 and the BSM citation.
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 ABCMR 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 for the ABCMR to conduct a fair and impartial review of this case.
3. The available records show that the applicant was inducted into the Army of the United States and entered active service on 1 May 1944. He served in the Pacific Theater of Operations (PTO) from 1 February 1945 to 21 January 1946 and he was honorably discharged on 10 February 1946.
4. The BSM citation provided by the applicant shows that he was awarded the BSM for meritorious service in connection with military operations against the enemy in Okinawa on 15 May 1945. Headquarters, 77th Infantry Division, General Orders Number 347, dated 15 October 1945, is cited as the approving authority.
5. Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form
53-55 shows award of the Medical Badge instead of the "Combat Medical Badge." Item 33 (Decorations and Citations) shows he was awarded the World War II Victory Medal, Asiatic Pacific Campaign Medal with 2 Bronze Service Stars and Bronze Arrowhead, Philippine Liberation Ribbon with 1 Bronze Service Star; an 2 Overseas Service Bars.
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 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.
7. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's WD AGO Form 53-55 incorrectly shows that he was awarded the Medical Badge instead of the CMB. Therefore, his records should be corrected to show the CMB.
2. Evidence of record shows that the applicant was awarded the CMB. Therefore, he is entitled to correction of his records to show the award of the BSM based on award of the CMB.
3. Evidence also shows he was awarded the BSM by general orders for meritorious service on 15 May 1945. Therefore, his records should be corrected to show the BSM (first oak leaf cluster).
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. deleting from item 31 of his WD AGO Form 53-55 the entry "Medical Badge" and replacing it with the entry "Combat Medical Badge";
b. awarding him the Bronze Star Medal based on award of the Combat Medical Badge; and
c. adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal (first oak leaf cluster)."
_________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) AR20090010150
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ABCMR Record of Proceedings (cont) AR20090010150
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