BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090012478 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Bronze Star Medal, the Combat Infantryman Badge, and campaign recognition for his service in the countries of France and Italy.

2.  The applicant states, in effect, he earned the requested awards and decorations while serving with the 442nd Infantry Regiment during World War II.

3.  The applicant provides a copy of his WD AGO Form 53-55 as documentary evidence in support of this application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Although the applicant identified an American Veterans Services Officer as counsel, counsel requests nothing on behalf of the applicant.

2.  Counsel states nothing on behalf of the applicant.

3.  Counsel provides no documentary evidence on behalf of the applicant.

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 applicant's military record is 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 on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55 and the WD AGO Form 100 (Honorable Discharge Certificate) provided by the National Personnel Records Center.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 2 June 1943 and entered active duty on 16 June 1943.  His military occupational specialty was 745 (Rifleman).  The form also shows that he was assigned to the 442nd Infantry Regiment and that he served in the European theater of operations from 9 November 1944 to 5 January 1946.  The applicant held the rank of private first class on the date of his separation and this was the highest rank he attained while serving on active duty.  The applicant was honorably discharged on 30 January 1946 after completing a total of 2 years, 7 months, and 15 days of active military service.

4.  Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge and Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows that he participated in the North Apennines, Po Valley, and Rhineland campaigns of World War II.

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows that he was awarded or authorized the American Theater of Operations Service Ribbon, European-African-Middle Eastern Service Ribbon [Medal], Army Good Conduct Medal, and World War II Victory Medal.

7.  The Bronze Star Medal is not shown among the applicant's authorized awards and decorations in the available records.

8.  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.

9.  Army Regulation 600-8-22, provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  The countries of France and Italy were encompassed within the boundaries of the European African-Middle Eastern theater.

10.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  The evidence shows the applicant participated in three campaigns during his World War II service.

11.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This document shows that at the time of the applicant's assignment to the 442nd Infantry Regiment, the unit was cited for award of the Distinguished Unit Citation by War Department General Orders Number 34, dated 1946, as amended by War Department General Orders Number 106, dated 1946.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his WD AGO Form 53-55 should be corrected to show award of the Bronze Star Medal, the Combat Infantryman Badge, and campaign recognition for his service in the countries of France and Italy were carefully considered.

2.  Item 31 of the applicant's WD AGO Form 53-55 already shows that he was awarded the Combat Infantryman Badge.  Therefore, it is not necessary to modify this form to show the applicant received this special skill badge.

3.  By regulation, the Bronze Star Medal is authorized to members who received the Combat Infantryman Badge during World War II.  The evidence shows that the applicant was awarded and issued the Combat Infantryman Badge.  As a result, it would be appropriate to award the Bronze Star Medal to the applicant at this time.

4.  Records show that the applicant was awarded the European African-Middle Eastern Campaign Medal.  Records also show that he participated in three campaigns during his service in the European African-Middle Eastern Theater to include France and Italy.  Therefore, he is eligible for award of three bronze service stars to be affixed to his previously-awarded European African-Middle Eastern Campaign Medal.

5.  General orders awarded the applicant's unit the Distinguished Unit Citation for accomplishments during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

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,

	b.  deleting the European-African-Middle Eastern Campaign Ribbon from item 33 of the applicant's WD AGO Form 53-55, and

	c.  adding the following awards and decorations to item 33 of the applicant's WD AGO Form 53-55:

		(1)  the Bronze Star Medal,

		(2)  the European-African-Middle Eastern Campaign Medal with three bronze service stars, and

		(3)  the Distinguished Unit Citation.



      ____________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)                                         AR20090012478



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ABCMR Record of Proceedings (cont)                                         AR20090012478



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