IN THE CASE OF:
BOARD DATE: 13 July 2010
DOCKET NUMBER: AR20100007032
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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Bronze Star Medal and all other awards to which he is entitled.
2. The applicant states, in effect, that he fought at the Battle of Bastogne and other European battles. He contends that his unit rescued the 101st Airborne Division during their occupation.
3. The applicant provides a copy of General Orders Number 110, dated 7 June 1945, for award of the Purple Heart; a copy of his WD AGO Form 53-55; and a copy of an Honorable Discharge Certificate.
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 applicants military records are not available to the Board for review. A reconstructed record which contains copies of partially burned segments was provided by the National Personnel Records Center (NPRC). A fire destroyed approximately 18 million service members records at the NPRC in 1973. It appears that the applicants records were destroyed in that fire. However, this case is being considered using the reconstructed records, which primarily consist of his WD AGO Form 53-55.
3. The applicant's WD AGO Form 53-55 with the ending period 1 March 1946 shows he was inducted into the Army on 20 February 1943 and entered active duty on 27 February 1943. He arrived in the European Theater of Operations on 13 August 1943.
4. Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge.
5. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the applicant was awarded the European-African-Middle Eastern Theater Campaign Medal with 1 bronze service star, the Good Conduct Medal, the World War II Victory Medal, and the Purple Heart.
6. A copy of the available records shows he was assigned to several units during his tour in the European Theater of Operations. He was assigned to the 303rd Infantry Regiment on 10 April 1945 and to the 807th Chemical Company on
28 December 1945. The date the applicant departed the European Theater of Operations is not available; however, on 12 February 1946, he returned to the United States. He was honorably discharged on 1 March 1946.
7. Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 303rd Infantry Regiment was awarded occupation credit for Germany for the period 2 May through 4 June 1945.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.
9. Army Regulation 600-8-22 states that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to show award of the Bronze Star Medal and all other awards to which he is entitled was carefully considered and is supported by the evidence.
2. The applicant received the Combat Infantryman Badge which makes him eligible for award of the Bronze Star Medal. This award should be added to his WD AGO Form 53-55.
3. The applicant served in the European Theatre of Operations with a unit during a period of time that unit was awarded occupation credit, which makes him eligible for award of the Army of Occupation Medal with Germany clasp. This award should be added to his WD AGO Form 53-55.
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 upon award of the Combat Infantryman Badge; and
b. adding to his WD AGO Form 53-55 the Bronze Star Medal and the Army of Occupation Medal with Germany Clasp.
_______ _ _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) AR20100007032
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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