IN THE CASE OF:	  

		BOARD DATE:	    4 May 2010

		DOCKET NUMBER:  AR20090017289 


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 records to show award of the Bronze Star Medal.

2.  The applicant states he was awarded the Combat Infantryman Badge during World War II, which entitles him to award of the Bronze Star Medal.

3.  The applicant provides copies of his WD AGO Form 100 (Separation Qualification Record) and WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

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 service 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.  However, the applicant's WD AGO Form 100 and WD AGO Form 53-55 provide sufficient documentary evidence for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 100 shows he entered active service in the Army of the United States (AUS) on 25 February 1943.

   a.  The Military Occupational Assignments section shows he served 3 months in military occupational specialty (MOS) 501 (Basic, Coast Artillery); 6 months in MOS 405 (Clerk Typist), and 11 months in MOS 060 (Cook).

   b.  Item 13 (Title - Description - Related Civilian Occupation) shows the entry "Cook:  Cooked for a company of infantrymen in combat in France and Germany.  Cooked all types of food for 180 to 200 men and did some baking."

4.  The applicant's WD AGO Form 53-55 shows he was inducted on 19 February 1943, entered active duty in the AUS on 25 February 1943, and was honorably discharged for the convenience of the government on 24 November 1945.

   a.  Item 4 (Arm or Service) shows he served in the Infantry.

   b.  Item 6 (Organization) shows he was assigned to Headquarters Company, 2nd Battalion, 157th Infantry.

   c.  Item 30 (Military Occupational Specialty and Number) shows "Cook 060."

   d.  Item 31 (Military Qualification and Date) shows the Expert Infantryman Badge and the Combat Infantryman Badge.

   e.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns.
   
   f.  Item 33 (Decorations and Citations) shows the Army Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal.
   
   g.  Item 36 (Service Outside Continental U.S. and Return) shows he departed the U.S. on 6 October 1944, arrived in the European Theater of Operations (ETO) on 20 October 1944, departed the ETO on 1 September 1945, and arrived in the U.S.A. on 10 September 1945.
   h.  The applicant completed 1 year, 9 months, and 25 days of continental service; 11 months and 4 days of foreign service; and 2 years, 9 months, and
5 days longevity for pay purposes.

5.  A WD Form 372A (Final Payment - Work Sheet) for the period 1 October to 24 November 1945 shows the applicant received combat infantryman pay in the amount of $18.00.

6.  A review of the applicant's available records reveals he may be authorized additional awards that are not shown on his WD AGO Form 53-55.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in World War II.  This document shows that at the time of the applicant's assignment to Headquarters Company, 2nd Battalion, 157th Infantry, the regiment:

   a.  participated in the Rhineland and Central Europe campaigns; and

   b.  was authorized the Army of Occupation Medal during the period 2 May to 14 August 1945.

8.  War Department Circular Number 269 (1943) established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  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.

   b.  A bronze service star is authorized, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate service medal, including the European-African-Middle Eastern Campaign Medal.
   
   c.  Award of the Army of Occupation Medal with Germany Clasp is authorized for service of 30 consecutive days at a normal post of duty in a qualifying location between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and
8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Bronze Star Medal because he was awarded the Combat Infantryman Badge during his service in World War II.

2.  The applicant was awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy during World War II.  An award of the Combat Infantryman Badge is considered to be a citation in orders.  This means that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.  Therefore, it would be appropriate to award the applicant the Bronze Star Medal.

3.  The applicant qualified for award of the European-African-Middle Eastern Campaign Medal and he served in two campaigns during his service in the ETO.  Therefore, he is entitled to two bronze service stars to be worn on his already-awarded European-African-Middle Eastern Campaign Medal.

4.  The applicant served a qualifying period of service with the 157th Infantry Regiment in Germany for award of the Army of Occupation Medal with Germany Clasp.  Therefore, his records should be corrected to show this 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.  deleting from item 33 of his WD AGO Form 53-55 the "EAME Ribbon";
   
   b.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; and

   c.  adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, and the Army of Occupation Medal with Germany Clasp.



      _______ _  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)                                         AR20090017289



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ABCMR Record of Proceedings (cont)                                         AR20090017289



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