BOARD DATE: 17 December 2009
DOCKET NUMBER: AR20090013076
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Bronze Star Medal.
2. The applicant states that he is eligible for award of the Bronze Star Medal based on his heroic service during World War II (WWII) and award of the Combat Infantryman Badge.
3. The applicant provides a copy of his DD Form 214, for the period ending
5 April 1952; and a copy of a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 1 July 2009, in support of his request.
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 NPRC in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army (RA) for a period of 3 years and entered active service in Fresno, CA, on 6 April 1948. This form also shows that at the time of his separation, he held military occupational specialty (MOS) 4345 (Light Truck Driver) and that his most significant assignment was with Headquarters Company, 1st Armored Division, Fort Hood, TX.
4. The applicant's DD Form 214 also shows he completed 3 years, 11 months, and 27 days of creditable military service during this period, of which 2 years, 11 months, and 5 days was foreign service. He was honorably discharged on 5 April 1952.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Purple Heart (1st Oak Leaf Cluster), Combat Infantryman Badge, Army of Occupation Medal with Japan Clasp, and the Korean Service Medal with three bronze service stars.
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 (emphasis added) 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's honorable service in Korea and his two awards of the Purple Heart, as well as the Combat Infantryman Badge are noted. However, 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, such as the Combat Infantryman Badge, executed prior to 1 July 1947. The applicant did not enlist until 6 April 1948.
2. Regrettably, the applicant's service and his award of the Combat Infantryman Badge occurred outside this period of eligibility. Therefore, he does not meet the criteria for award of the Bronze Star Medal based on award of the Combat Infantryman Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x___ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20090013076
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090013076
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060012660C071029
The applicant requests that Department of the Army Pamphlet (DA Pam) 672-1 (Unit Citation and Campaign Participation Credit Register) be corrected to show G Troop, 7th Cavalry Regiment, 1st Cavalry Division, was awarded occupation credit for Japan. The applicant states he served in G Troop, 7th Cavalry Regiment, 1st Cavalry Division from 6 July 1944 to 2 February 1946, and from 2 September 1945 to 9 January 1946 he was on occupation duty in Japan. Army Regulation 600-8-22 (Military Awards)...
ARMY | BCMR | CY2006 | 20060000199C070205
The applicant requests, in effect, correction of his discharge document to show award of the Purple Heart, Bronze Star Medal, Army of Occupation Medal with Germany Clasp, Expert Infantryman Badge, and Expert Marksmanship Qualification Badge with Machinegun Bar. The NPRC verified the applicant's entitlement to the Bronze Star Medal; however, the applicant's service records were not corrected to show this award. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2002 | 2002072301C070403
The applicant requests that his military records be corrected to reflect award of the Bronze Star Medal. An additional 1947 document, provided by the applicant, also indicates that in addition to the three awards of the Purple Heart, a Good Conduct Medal, and the European-African-Middle Eastern Campaign Medal, already reflected on his WD AGO Form 53-55 (Enlisted Record and Report of Separation), he was also awarded the Combat Infantryman Badge, World War II Victory Medal, Expert Infantryman...
ARMY | BCMR | CY2014 | 20140005332
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show: * his participation in the Leyte and Lingayen Gulf battles in the Philippines * his participation in the Army of Occupation of Japan 2. Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award. He served qualifying periods of service for award of the World...
ARMY | BCMR | CY2012 | 20120019622
The applicant, the daughter of a deceased former service member (FSM), requests her late father be awarded the: * Presidential Unit Citation per General Orders Number 48, dated 12 July 1948 * Belgian Fourragere per Department of the Army General Orders Number 43, dated 19 December 1950 * Combat Infantryman Badge * Bronze Star Medal in compliance with Army Regulation 600-8-22 (Military Awards), paragraph 3-14 2. The FSM's complete military records are not available for review. As a result,...
ARMY | BCMR | CY2006 | 20060015077
The FSM's military service records are not available to the Board for review. The evidence of record shows that General Orders awarded the FSM the Distinguished Service Cross for extraordinary heroism in action on 2 January 1943. Therefore, the FSM's records should be corrected to show this award.
ARMY | BCMR | CY2009 | 20090013106
The BSM is not listed either on the FSM's WD AGO Form 53-98 or in the NPRC letter. However, evidence of record shows that the FSM was in fact awarded the BSM by letter orders based on award of the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 29 of the FSM's WD AGO 53-98 the Bronze Star Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Carbine Bar,...
ARMY | BCMR | CY2008 | 20080006015
The applicant requests that his father, a deceased former service member (FSM) be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM). He was transferred to Germany on 9 March 1956 and despite being reclassified to a maintenance warrant officer MOS, he was assigned to an armored cavalry regiment for duty as a personnel officer. There is also no evidence to show that he received combat infantry pay or that he was ever recommended for award of the BSM.
ARMY | BCMR | CY2013 | 20130008868
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Bronze Star Medal and Presidential Unit Citation. The evidence of record shows his unit was awarded the Presidential Unit Citation during his period of assignment; therefore, he is entitled to correction of his WD AGO Form 53-55 to add this unit award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130003148
The applicant, the son of the deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service) to show he served in the Asiatic-Pacific Theater of Operations (APTO) with campaign participation credit. Records also show the FSM was awarded the Asiatic-Pacific Campaign Medal. The evidence of record further shows a BSM certificate was issued on 20 November 2000 that awarded the FSM the BSM for...