IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100000643 


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 three bronze service stars for his campaign participation during the Battle of the Bulge and the Bronze Star Medal with “V” Device.

2.  The applicant states, in effect, that his WD AGO Form 53-55 only shows two bronze service stars and he earned three.  He also needs to get the Bronze Star Medal with “V” Device to replace the one he received for ground combat.

3.  The applicant provides no additional documentation in support of his application.

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 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.  The applicant’s available military records show he was inducted into the Army of the United States on 9 November 1942 and entered on active duty on 20 November 1942.  He served as an ammunition non-commissioned officer during the European Theater of Operations from 20 October 1944 to 8 September 1945, with Headquarters Company, 3rd Battalion, 179th Infantry Regiment.  He was honorably discharged from active duty on demobilization in the rank of sergeant on 25 October 1945.

4.  Item 31 (Military Qualification and Date) of the applicant's WD AGO Form
53-55 shows he qualified for and was awarded the Combat Infantryman Badge and the First Class Gunner Marksmanship Badge wit Rifle Bar.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns.  Item 33 (Decorations and Citations) shows he was awarded the Good Conduct Medal and the European-African-Middle Eastern Theater Campaign Ribbon.

5.  There are no orders in the applicant’s available service personnel records that show he was awarded the Bronze Star Medal with “V” Device.

6.  Army Regulation 600-8-22 (Military Awards), then in effect, specified the Bronze Star Medal was awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal was 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 was considered to be a citation in orders.  That meant, in effect, the Bronze Star Medal was to be awarded to individuals who were authorized either badge for service during World War II.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows the applicant served during the Rhineland (15 September 1944 to 21 March 1945), Ardennes
(16 December 1944 to 25 January 1945), Central Europe (22 March to 11 May 1945) campaigns.  His unit was also awarded occupation credit for the occupation of Germany from 2 May to 4 September 1945.

8.  Army Regulation 600-8-22 also provided for award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred 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.

9.  Army Regulation 600-8-22 further provided for award of the American Campaign Medal for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for that campaign medal included 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.

10.  Army Regulation 600-8-22 also provided for award of the World War II Victory Medal for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11.  Army Regulation 600-8-22 further provided the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorized the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for three bronze service stars for his campaign participation during the Battle of the Bulge and award of the Bronze Star Medal with “V” Device based on his ground combat is acknowledged.

2.  The available evidence confirmed he was awarded the Combat Infantryman Badge; therefore, based on regulatory guidance, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this award.

3.  The available evidence also confirms the applicant participated in the Rhineland, Ardennes, and Central Europe campaigns during World War II.  Therefore, he is entitled to the addition of three bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal.  He was also was a member of the 179th Infantry Regiment when it was cited for award of the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show these awards.

4.  The available evidence further shows that based on the applicant’s service during World War II, he is entitled to the American Campaign Medal and the World War II Victory Medal.  As a result, it would also be appropriate to add these awards to his WD AGO Form 53-55 at this time.

5.  The applicant provided no general orders showing he was awarded the Bronze Star Medal with “V” Device or any documentation that he was ever recommended for this award by proper authority.  No evidence was found in his available service personnel record to support this award and its addition to his WD AGO Form 53-55. The applicant has not shown error, injustice, or inequity for the relief he now requests pertaining to award of the Bronze Star Medal with “V” Device. 

6.  In view of the foregoing, the applicant’s WD AGO Form 53-55 should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 32 of his WD AGO Form 53-55 the European-African-Middle Eastern Theater Campaign Ribbon;

	b.  awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge;

	c.  adding to item 32 the Ardennes campaign;

	d.  adding to Item 33 of his WD AGO Form 53-55 the Bronze Star Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, Army of Occupation Medal with Germany Clasp, American Campaign Medal, and the World War II Victory Medal; and

	e.  providing him a corrected separation document that includes these changes.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Bronze Star Medal with “V” Device and its addition 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)                                         AR20100000643



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ABCMR Record of Proceedings (cont)                                         AR20100000643



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