IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090015416
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Bronze Star Medal.
2. The applicant thought the European-African-Middle Eastern (EAME) Campaign Medal with four bronze stars was his Bronze Star Medal.
3. The applicant provides his WD AGO Form 53-55 and a Bronze Star Medal Certificate.
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 National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. The following information was derived from documents furnished by the applicant and obtained through other sources available to the ABCMR.
3. The applicant's available military records show he was inducted into the Army of the United States on 29 October 1943 and entered active duty on 19 November 1943. He was awarded military occupational specialty (MOS) 657 (medical aidman) and he was advanced to the rank of private first class (PFC).
4. On 12 January 1946, the applicant was honorably discharged after completing 2 years, 1 month, and 23 days of active service.
5. The applicant provided a Bronze Star Medal Certificate citing him for heroic achievement in connection with military operations against an enemy of the United States at Ilshofen, Germany on 9 April 1945.
6. Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 shows he received the Medical Badge.
7. Army Regulation 600-8-22 (Military Awards) provides 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.
8. Army Regulation 600-8-22 states that an 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. The Bronze Star Medal Certificate is accepted to show he was awarded the Bronze Star Medal for heroism while he was on active duty. Therefore, he is entitled to this award.
2. Since he was awarded the Combat Medical Badge, he is entitled to a second award of the Bronze Star Medal based on policies enacted subsequent to his separation. As such, it would be appropriate to award him the Bronze Star Medal with Oak Leaf Cluster based on award of the Combat Medical Badge and correct his records to show this award.
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 awarding him the Bronze Star Medal with 1st Oak Leaf Cluster based upon award of the Combat Medical Badge and amending item 33 of his WD AGO Form 53-55 to add the Bronze Star Medal with "V" Device and with 1st 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) AR20090015416
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