IN THE CASE OF:
BOARD DATE: 15 April 2010
DOCKET NUMBER: AR20090017649
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 (BSM) and World War II Victory Medal.
2. The applicant believes he is eligible for and should be awarded the BSM based on his receipt of the Combat Infantryman Badge (CIB) during World War II. He claims there was no injustice or error at the time of his separation and this request is based on recent changes made to the governing regulation.
3. The applicant provides the following documents in support of his request:
* Smith County Veterans Service Office letters, dated 31 July and
2 October 2009
* WD AGO 53-55 (Enlisted Record and Report of Separation), dated
17 October 1945
* National Archives and Records Administration (NA) Form 13075 (Questionnaire about Military Service), dated 29 September 2009
* NA Form 13055 (Information Needed to Reconstruct Medical Data), dated 11 August 2009
* National Personnel Records Center (NPRC) letter, dated 6 October 2009
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 record is 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 on file for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records that include the applicant's WD AGO Form 53-55.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 February 1943 and entered active duty on 4 March 1943. It also shows he held and served in military occupational specialty (MOS) 745 (Rifleman).
4. His WD AGO Form 53-55 further shows the highest rank he attained and held while serving on active duty was staff sergeant (S/Sgt). It also confirms he served in the European-African-Middle Eastern Theater of Operations (EAMETO) from 15 September 1944 until 23 January 1945, and was assigned to Company C, 324th Infantry Regiment.
5. Item 31 (Military Qualifications) of his WD AGO Form 53-55 shows he earned the Expert Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars and CIB. Item 32 (Battles and Campaigns) verifies his participation in the Rhineland campaign.
6. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the following awards:
* EAME Campaign Medal with 1 bronze service star
* Army Good Conduct Medal
* Purple Heart
7. The applicant's WD AGO Form 53-55 shows no time lost and is void of any information that could be viewed as derogatory.
8. On 17 October 1945, the applicant was honorably separated with a Certificate of Disability, after completing 1 year, 9 months, and 5 days of active military service.
9. Army Regulation 600-8-22 (Military Awards) provides the Army's award policy and contains the following guidance on the awards listed in the paragraphs indicated:
a. Paragraph 3-14d (2), BSM, provides for its award to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945. Award of the CIB is considered as a citation in orders for this purpose; and
b. Paragraph 5-12, World War II Victory Medal, states it is authorized for service between 7 December 1941 and 31 December 1946, both dates inclusive.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is eligible for the BSM based on his receipt of the CIB during World War II has been carefully considered and found to have merit.
2. By regulation, the BSM is authorized to be awarded to any member who received the CIB during World War II. As a result, it would be appropriate to
award the applicant the BSM for his conduct in ground combat against an armed
enemy while serving in the EAMETO from 15 September 1944 through
23 January 1945 and to add this award to his WD AGO Form 53-55.
3. The evidence shows based on his World War II active duty service during a qualifying period, he is eligible for the World War II Victory Medal and correction of his records 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 awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge and adding the Bronze Star Medal and World War II Victory Medal to his WD AGO Form 53-55.
___________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) AR20090017649
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ABCMR Record of Proceedings (cont) AR20090017649
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