IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100010873 


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, the widow of a deceased former service member (FSM), requests, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show two awards of the Bronze Star Medal, one award for valor and one award based on award of the Combat Infantryman Badge.  She also requests two bronze service stars to be affixed to the FSM's European-African-Middle Eastern (EAME) Campaign Medal.

2.  The applicant states:

* Her husband's records for the Bronze Star Medals were lost in the 1973 fire
* He received the Bronze Star Medal with "V" Device for saving an injured medic on the Siegfried line under fire
* He received the Bronze Star Medal for ground operations against the enemy
* He was wounded in action and received the Purple Heart
* A letter from a hospital shows the FSM was entitled to the EAME Campaign Medal with two bronze service stars  
 
3.  The applicant provides:

* two applications
* the FSM's Death Certificate
* the FSM's WD AGO Form 53-55


* an award certificate for the Bronze Star Medal, dated 14 August 1951
* a letter from McCaw General Hospital, Walla Walla, WA, dated
13 November 1945, 

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 FSM was inducted into the Army of the United States on 22 February 1944.  He served in the European Theater of Operations from 6 September 1944 until he was wounded in action on 21 March 1945 and evacuated to the United States on 20 May 1945.  On 13 November 1945, he was honorably discharged with a Certificate of Disability.

3.  Item 6 (Organization) of the FSM's WD AGO Form 53-55 shows he was assigned to Company G, 142nd Infantry.  Item 31 (Military Qualification and Date) shows the entry "No Record."  Item 32 (Battles and Campaigns) shows he participated in the Rhineland campaign.  Item 33 (Decorations and Citations) shows the Purple Heart, World War II Victory Medal, Army Good Conduct Medal, and the EAME Campaign Medal.

4.  Headquarters, 142nd Infantry, General Orders Number 51, dated 2 April 1945, show the FSM was awarded the Combat Infantryman Badge for actions on 19 March 1945.

5.  Letter Orders, dated 14 August 1951, show the FSM was awarded the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy on or about 19 March 1945 in the European Theater of Operations (ETO).  These orders state the authority for this award is contained in paragraph 18, Army Regulation 600-45 (Decorations), and is based upon General Orders Number 51, Headquarters, 142nd Infantry Regiment, dated 2 April 1945.

6.  There are no orders for the Bronze Star Medal with "V" Device in the available records.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows that while the 142nd Infantry was in the ETO it participated in seven campaigns (Anzio, Ardennes-Alsace, Central Europe, Naples- Foggia, Rhineland, Rome-Arno, and Southern France) during World War II.  The FSM's Service Record shows he participated in the Germany (correctly known as the Rhineland) campaign.

8.  Department of the Army Pamphlet 672-1 also shows the 142nd Infantry was cited for the Distinguished Unit Citation for actions during the period 19-22 March 1945 based on War Department General Orders 37, dated 1946.

9.  In support of her claim for two bronze service stars, the applicant provided a letter, dated 13 November 1945, from the McCaw General Hospital which states, in pertinent part, the FSM is entitled to purchase and wear the EAME with two bronze service stars.

10.  Army Regulation 600-45, effective 13 October 1949, provided in pertinent part that 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.

11.  Army Regulation 600-8-22 (Military Awards) states the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, Air Medal, and the Bronze Star Medal.  

12.  Army Regulation 600-8-22 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.

13.  Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary 


heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Bronze Star Medal with "V" Device in the available records, there is no evidence of record that shows the FSM performed an act of "valor" for award of the "V" Device, and the applicant did not provide any corroborating evidence.  Therefore, there is insufficient evidence on which to base adding the Bronze Star Medal with "V" Device to his WD AGO Form        53-55.

2.  Orders show the FSM was awarded the Combat Infantryman Badge.  Therefore, item 31 of his WD AGO Form 53-55 should be corrected to show this badge.

3.  The applicant contends the FSM is entitled to the EAME Campaign Medal with two bronze service stars.  The FSM's Service Record shows he participated in the Rhineland campaign during World War II for which he was entitled to the EAME Campaign Medal with one bronze service star.  It is also conceivable that the FSM participated in the Ardennes-Alsace campaign during the period
16 December 1944 - 25 January 1945.  Therefore, it would be appropriate to correct item 32 and item 33 of the FSM's WD AGO Form 53-55 accordingly.

4.  Letter orders show the FSM received the Bronze Star Medal (based on award of the Combat Infantryman Badge).  Therefore, item 33 of the FSM's WD AGO Form 53-55 should be corrected to show this award.

5.  Department of the Army Pamphlet 672-1 shows the 142nd Infantry was cited for the Distinguished Unit Citation (now known as the Presidential Unit Citation) while the FSM was assigned to it.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show this unit award.

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 31 of the FSM's WD AGO Form 53-55 the entry "No Record" and replacing it with the Combat Infantryman Badge, 19 March 1945; 

	b.  adding to item 32 of the FSM's WD AGO Form 53-55 the entry "Ardennes-Alsace";

	c.  deleting from item 33 of the FSM's WD AGO Form 53-55 the "European-African-Middle Eastern Service Medal"; and

	d.  adding to item 33 of the FSM's WD AGO Form 53-55 the Bronze Star Medal (based on award of the Combat Infantryman Badge), European-African-Middle Eastern Campaign Medal with two bronze service stars, and the Presidential Unit Citation.

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.



      ___________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)                                         AR20100010873



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100010873



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1