BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090011931
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 that the records of her late husband, a former service member (FSM), be corrected to show award of the Bronze Star Medal (BSM).
2. The applicant states, in effect, that the FSMs memorial plaque at the Veterans Cemetery shows he was awarded the BSM and that she was not aware that he was authorized to this award because it is not shown on his separation document. She also states that he was a tech sergeant with the 910th Army Ordinance Company and he served during the Battle of the Bulge.
3. The applicant provides a copy of the FSMs WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and a self authored statement 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 FSMs 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 FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active service on 15 October 1941.
4. Item 36 (Service Outside Continental U.S. and Return) of his WD AGO
Form 53-55 shows the FSM served in the European Theater of Operations (ETO) from 9 March 1944 to 4 October 1945, and during his ETO tour he was assigned to the 910th Ordinance Company.
5. On 23 October 1945, the FSM was honorably discharged after completing a total of 4 years and 9 days of creditable active military service. The WD AGO Form 53-55 he was issued shows he earned the American Defense Ribbon, American Theater Ribbon, European-African-Middle Eastern Campaign Medal with four bronze battle stars, Good Conduct Medal, three Overseas Service Bars, and one Service Stripe.
6. Item 33 (Decorations and Campaigns) of the FSMs WD AGO 53-55 does not show award of the BSM.
7. 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.
8. Title 10 of the United States 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence nor did the applicant provide any evidence that shows the FSM is entitled to award of the BSM. In the absence of such evidence, there is insufficient basis to grant award of the BSM.
2. While the available evidence is insufficient for awarding the applicant a BSM, this in no way affects the applicants right to pursue her claim for her late husbands BSM by submitting a request through her Member of Congress under the provisions of Title 10 USC 1130.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________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) AR20090011931
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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