IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100001006 


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 based on his award of the Combat Infantryman Badge.

2.  The applicant states, in effect, he is a World War II veteran.  He served in the Asiatic-Pacific Theater and he was awarded the Combat Infantryman Badge.

3.  The applicant provides copies of:

* his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge)
* VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative)

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 the applicant's records were lost or destroyed in that fire.  The only record available to this Board is the applicant's WD AGO Form 53-55 and it is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 26 March 1941 and he entered active duty the same date.
   
4.  The applicant served in the Asiatic-Pacific Theater from 22 July 1943 to 
24 September 1945.  

5.  The applicant was discharged on 17 October 1945.  He completed 4 years, 6 months, and 22 days of active honorable service.  The applicant's WD AGO 53-55 shows in:

* item 32 (Battles and Campaigns) he participated in four campaigns
* item 31 (Military Qualification and Date) he was awarded the Combat Infantryman Badge on 20 March 1944
* item 33 (Decorations and Citations) he is authorized the Asiatic-Pacific Campaign Medal
* item 37 (Total Length of Service-Continental Service) shows 2 years, 
3 months, and 24 days

6.  Army Regulation 600-8-22 (Military Awards) states 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.


7.  Army Regulation 600-8-22 provides for award of the American Campaign Medal.  This 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.

8.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Asiatic-Pacific Campaign Medal.  

9.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service from 7 December 1941 through 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the Bronze Star Medal.

2.  The applicant was awarded the Combat Infantryman Badge on 20 March 1944.  Therefore, he is entitled to the award of the Bronze Star Medal.

3.  The applicant served within the continental United States for an aggregate period of 1 year between 7 December 1941 and 2 March 1946.  Therefore, he is authorized the American Campaign Medal.

4.  The applicant participated in four campaigns during World War II.  Therefore, he is authorized four bronze service stars to be worn on the Asiatic-Pacific Campaign Medal.  Based on his service during World War II, the applicant is authorized the World War II Victory 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 based on award of the Combat Infantryman Badge.

	b.  amending item 33 of his WD AGO Form 53-55 to show he was awarded or is authorized the:

* Bronze Star Medal
* American Campaign Medal
* Asiatic-Pacific Campaign Medal with four bronze service stars
* World War II Victory 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)                                         AR20100001006



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)