IN THE CASE OF:
BOARD DATE: 13 July 2010
DOCKET NUMBER: AR20100007062
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.
2. The applicant states he is eligible for the Bronze Star Medal because he was awarded the Combat Infantryman Badge.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Service - Honorable Discharge) in support of this 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 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 applicant's military record is 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. This case is being considered using the WD AGO Form 53-55 provided by the applicant.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 9 July 1942. It further shows he served in the European-African-Middle Eastern (EAME) theater of operations from 23 July 1944 through 25 November 1945 while assigned to Company A, 53rd Armored Infantry Battalion. He was credited with participating in the Ardennes, Rhineland, and Central Europe campaigns. Item 31 (Military Qualifications) shows he received the Combat Infantryman Badge and item 33 (Decorations and Citations) shows he earned the following awards:
* American Theater Campaign Medal
* EAME Campaign Medal with 3 bronze service stars
* Army Good Conduct Medal
* Distinguished Unit Badge
* World War II Victory Medal
* Purple Heart
4. On 8 December 1945, the applicant was honorably discharged in the rank of private first class after completing 3 years and 5 months of active military service.
5. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 3-14 contains guidance on award of the Bronze Star Medal. Paragraph 3-14d(2) states awards may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947. For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders.
6. 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. The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. 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.
7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the 53rd Armored Infantry Battalion was given occupation credit for the occupation of Germany from 2 May- 27 December 1945. This source further shows the unit was awarded the French Fourragere by Department of the Army General Orders Number 43-45 for the periods 27 July-11 August and 12-29 September 1944.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the Bronze Star Medal has been carefully reviewed and found to have merit.
2. The WD AGO Form 53-55 shows the applicant received the Combat Infantryman Badge. In accordance with the awards regulation, service members who received the Combat Infantryman Badge during World War II are authorized to be awarded the Bronze Star Medal. As a result, it would be appropriate to award him the Bronze Star Medal and to add this award to his WD AGO Form 53-55.
3. The evidence further shows the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and the French Fourragere. Therefore, these awards should also 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 amending his WD AGO Form 53-55 by adding the Bronze Star Medal, the Army of Occupation Medal with Germany Clasp, and the French Fourragere.
_______ _ __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) AR20100007062
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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