IN THE CASE OF:
BOARD DATE: 29 October 2009
DOCKET NUMBER: AR20090010766
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 award of the Bronze Star Medal (BSM) with first oak leaf cluster.
2. The applicant states as a holder of the Combat Infantryman Badge he was entitled to a BSM. He also received a BSM for meritorious operations against the enemy on 7 January 1945, which would add an oak leaf cluster on the BSM.
3. The applicant provides no additional documents 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 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 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 to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was inducted into the Army of the United States and entered active service on 6 July 1943.
4. Item 31 (Military Qualifications and Date (i.e., infantry, aviation, and marksmanship badges, etc.) of the applicants WD AGO Form 53-55 shows that he was awarded the CIB on 7 January 1945.
5. Item 36 (Service Outside Continental U.S. and Return) of his WD AGO
Form 53-55 shows that he served in the European Theater of Operations (ETO) from 2 October 1944 to 2 August 1945 and that during his ETO tour he was assigned to Company A, 350th Infantry Regiment, 88th Infantry Division.
6. On 14 January 1946, the applicant was honorably discharged after completing a total of 2 years, 6 months, and 9 days of creditable active military service. The WD AGO Form 53-55 he was issued shows he earned the American Service Medal, European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and the World War II Victory Medal.
7. The applicant submitted a copy of a Bronze Star Medal Certificate that shows on 2 April 1948, he was awarded the BSM for meritorious achievement in ground operations against the enemy on 7 January 1945.
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. 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 states, in pertinent part, that the first 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. Evidence of record shows the applicant was awarded the CIB on 7 January 1945. His BSM Certificate also shows he was awarded the BSM effective the same date. As such, it appears that this BSM was awarded based on award of the CIB. However, this BSM is not recorded on his WD AGO Form 53-55. Therefore, his records should be corrected to show this award.
2. However, there is no evidence nor did the applicant provide any evidence that shows he was awarded a BSM for any other period of service other than as a result of his CIB. Therefore, there is no basis for awarding the applicant a second award of the BSM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ _____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the BSM with 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) AR20090010766
2
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