IN THE CASE OF:
BOARD DATE: 6 May 2010
DOCKET NUMBER: AR20090018676
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 that his records be corrected to show award of the Bronze Star Medal.
2. The applicant states that he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge during World War II (WW II).
3. The applicant provides a copy of his WD AGO Form 53 (Enlisted Record and Report of 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 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. It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the WD AGO Form 53 provided by the applicant.
3. The applicant's WD AGO Form 53 shows he:
a. served in the Army of the United States from 25 May 1944 through
31 August 1947, when he was honorably discharged. This service equals 3 years, 3 months, and 7 days;
b. served in the European Theater from 29 November 1944 through
18 June 1945 and he participated in the Rome-Arno campaign;
c. served in military occupational specialty 745 as a rifleman;
d. was awarded the Good Conduct Medal, Purple Heart, World War II Victory Medal, European-African-Middle Eastern Campaign, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge (M-1 Rifle);
e. was wounded in action on 21 April 1945; and
f. was serving with Company I, 473rd Infantry Regiment, 92nd Infantry Division at the time of discharge.
4. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 473rd Infantry Regiment received Germany occupation credit for the period from 2 May 1945 through 4 June 1945.
5. Army Regulation 600-8-22 (Military Awards) provides that:
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. Therefore, the Bronze Star Medal is awarded to individuals who were authorized either badge for service during World War II; and
b. a bronze service star is authorized, based on qualifying service, for each campaign listed in Appendix B of this regulation. This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant served honorably and was awarded the Combat Infantryman Badge. Based on award of the Combat Infantryman Badge during WW II he is authorized award of the Bronze Star Medal.
2. The applicant's WD AGO 53 shows campaign credit for one campaign. Based on the available evidence he is authorized to wear one bronze service star on his European-African-Middle Eastern Campaign Medal.
3. Due to the absence of the applicant's official military record it is impossible to determine if the applicant was assigned to the 473rd Infantry Regiment during his entire period of service while in Europe. Therefore, no additional campaign participation and/or occupation service credit can be established.
4. Based on the above facts and findings it is appropriate to correct the applicant's record to show in addition to the awards listed on his WD AGO 53 he is authorized award of the Bronze Star Medal and one bronze service star to be worn with the European-African-Middle Eastern Campaign 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; and
b. adding to his WD AGO 53 the Bronze Star Medal and one bronze service star to be worn with the European-African-Middle Eastern Campaign 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) AR20090018676
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090018676
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070017497
The applicant requests correction of his records to show award of the Bronze Star Medal and that he was a Ranger with the 88th Infantry Division during his service in World War II (WW II). The evidence of record shows that the applicant served a qualifying period for award of the World War II Victory Medal and the American Campaign Medal. Therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already-awarded...
ARMY | BCMR | CY2012 | 20120005474
IN THE CASE OF: BOARD DATE: 4 September 2012 DOCKET NUMBER: AR20120005474 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). ________________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.
ARMY | BCMR | CY2002 | 2002070263C070402
The applicant requests, on behalf of his late uncle, the former service member (FSM), that his military record be corrected to show that he was a prisoner of war (POW) during World War II (WWII). Evidence obtained from official records discloses that the FSM was a POW of the German government from 1 October 1944 to 25 April 1945 and as such is entitled to award of the POW Medal. Furthermore, based on the FSM’s period of service with the 401 st Glider Infantry, he is also entitled to the...
ARMY | BCMR | CY2010 | 20100013570
The applicant requests, in effect, correction of her deceased husbands [hereafter referred to as the former service member (FSM)] WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the American Campaign Medal, Army of Occupation Medal with Germany Clasp, European-African-Middle Eastern Campaign Medal with 2 bronze service stars, and the Bronze Star Medal (BSM) based on award of the Combat Infantryman Badge (CIB). The FSMs military records...
ARMY | BCMR | CY2008 | 20080010074
The applicant requests that his records be corrected to show award of the Combat Infantryman Badge. Therefore, the applicants 15 February 1946 WD AGO Form 53-55 should be corrected to show that his authorized awards include the Bronze Star Medal with one Bronze Oak Leaf Cluster and V Device, the Purple Heart, the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one silver service star and bronze arrowhead, the Army of Occupation...
ARMY | BCMR | CY2006 | 20060004198C070205
The applicant does not indicate if he is requesting that the FSM be awarded the Bronze Star Medal based on award of the Combat Infantryman Badge, or for an individual act accomplishment or heroism. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. Without the award of the Combat Infantryman Badge award of the Bronze Star Medal as a WW II infantryman is not appropriate.
ARMY | BCMR | CY2002 | 2002079908C070215
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Combat Infantryman Badge and the Bronze Star Medal. The DD Form 1577 shows that this Bronze Star Medal was issued based on award of the Combat Infantryman Badge. In view of the applicant's combat record as a rifleman and award of the Purple Heart, the Board has determined that the applicant is entitled to correction of his records to show this badge.
ARMY | BCMR | CY2010 | 20100029419
Application for correction of military records (with supporting documents provided, if any). The WD AGO Form 53-55 indicates that the applicant was wounded in combat on 5 May 1945, and the Ninth Service Command certificate confirms that the applicant was authorized award of the Purple Heart. 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 based upon award of the Combat Infantryman...
ARMY | BCMR | CY2002 | 2002070822C070402
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of item 32 (Battles and Campaigns) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he received credit for participation in the Rhineland campaign and correction of item 33 (Decorations and Citations) to show an additional bronze service star to be...
ARMY | BCMR | CY2011 | 20110014403
The applicant requests award of the Bronze Star Medal based on his award of the Combat Infantryman Badge. The applicant's military records are not available to the Board for review. 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 based on his award of the Combat Infantryman Badge; b. amending item 33 of his WD AGO 53-55 by: (1) deleting the European-African-Middle Eastern Campaign...