IN THE CASE OF:	  

		BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20090019495 


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) to show the Bronze Star Medal, Combat Infantryman Badge, American Campaign Medal, and three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

2.  The applicant states that the awards were not listed on his separation document. 

3.  The applicant provides a copy of his WD AGO Form 53-55, dated 21 November 1945; a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 20 November 2000; and an original certificate of commendation to the 91st Infantry Division, in support of his request. 

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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 9 November 1942 and entered active duty in New York City on 16 November 1942.  This form also shows that at the time of his separation, he held military occupational specialty (MOS) 741 (Machine Gunner) and he was assigned to Company A, 361st Infantry Regiment, 91st Infantry Division.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 11 April 1944 and he arrived in the European Theater of Operations (ETO) on 1 May 1944.  He departed the ETO on 10 August 1945 and arrived back in CONUS on 30 August 1945.

5.  He completed 1 year, 7 months, and 16 days of continental service and 1 year, 4 months, and 20 days of foreign service.  He was honorably discharged on 21 November 1945 at Fort Dix, NJ.

6.  Item 31 (Military Qualifications and Date (i.e. infantry, aviation, and marksmanship badges, etc.)) of his WD AGO Form 53-55 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). 

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the North Apennines, Po Valley, and Rome-Arno campaigns during World War II (WWII).

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the American Service Medal, European-African-Middle Eastern Campaign Medal, Good Conduct Medal, and World War II Victory Medal.

9.  Headquarters, 361st Infantry, 91st Infantry Division, General Orders Number 1, dated 10 June 1944, awarded him the Combat Infantryman Badge for exemplary conduct against the enemy.


10.  He submitted a copy of a certificate of commendation, issued by the Commanding General, II Corps, commending the 91st Division for heroic achievement on the field of battle in a sustained drive, unsurpassed in modern warfare.  The 91st Infantry Division, in eighteen days, breached the defenses before Bologna, destroyed the enemy at Po Valley, and forced the surrender of his beaten, demoralized, and disorganized troops in the Alps. 

11.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  The Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.

	b.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  The regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  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.  

	c.  The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

	d.  The American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 should be corrected to show the Bronze Star Medal, Combat Infantryman Badge, American Campaign Medal, and three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

2.  General orders awarded him the Combat Infantryman Badge for exemplary conduct against the enemy which is not shown on his WD AGO Form 53-55; therefore, he is entitled to correction of this form to show the Combat Infantryman Badge.

3.  Based on his award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

4.  His records show he was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, his records show he participated in three campaigns during his service in WWII.  Therefore, he is entitled to award of three bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.

5.  The evidence of record shows that the applicant served a qualifying period of service for award of the American Campaign Medal in that he served in the American Theater of Operations for 30 consecutive days and his unit received a certificate of commendation from a corps commander.  It appears that his 
WD AGO Form 53-55 incorrectly shows the American Service Medal.  There is no American Service Medal.  It should have been the American Campaign Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the American Campaign Medal instead of the American Service 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.  adding to item 31 of his WD AGO Form 53-55 the Combat Infantryman Badge; 

	b.  awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge,

	c.  deleting from item 33 of his WD AGO Form 53-55 the American Service Medal; and

   d.  adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal, the American Campaign Medal, and three bronze service stars be affixed to his already-awarded 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)                                         AR20090019495



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ABCMR Record of Proceedings (cont)                                         AR20090019495



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