BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090014583
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.
2. The applicant states the Bronze Star Medal was omitted from his discharge documents.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) in support of his 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 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 records are 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. The only record available to this Board is the applicant's WD AGO Form 53-55 and is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's military WD AGO Form 53-55 shows he was inducted into the Army of the United States on 24 February 1943 and he entered active duty on 3 March 1943.
4. The applicant served in the Central Pacific theater of operations from 29 July 1943 until November 1945.
5. He was released from active duty on 8 December 1945. He completed 2 years, 9 months, and 6 days of active honorable service. Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge. Item 33 (Decorations and Citations) does not show he was awarded the Bronze Star Medal or the World War II Victory Medal.
6. Army Regulation 600-8-22 (Military Awards) states 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. This means, in effect, that 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 states the World War II Victory Medal is awarded for service from 7 December 1941 through 31 December 1946.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is entitled to the Bronze Star Medal.
2. The applicant was awarded the Combat Infantryman Badge prior to 1 July 1947. Therefore, he is entitled to the award of the Bronze Star Medal.
3. Based on his service during World War II, the applicant is authorized the World War II Victory Medal.
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 him the Bronze Star Medal for meritorious service and
b. amending item 33 of his WD AGO Form 53-55 to include the Bronze Star Medal and the World War II Victory Medal.
____________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) AR20090014583
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