IN THE CASE OF:
BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100013034
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 to the records of his father, a former service member (FSM), to show award of the Bronze Star Medal.
2. He states his father never received the Bronze Star Medal before or after being discharged. His father was awarded the Bronze Star Medal as described in the 83rd Field Artillery Battalion booklet and the booklet has his name printed for this award. The 83rd Field Artillery Battalion was transported by helicopter when they were attacked by enemy fire.
3. He provides the FSM's WD AGO Form 100 (Separation Qualification Record), WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), Honorable Discharge Certificate, an 83rd Field Artillery Battalion booklet, a Department of Veterans Affairs (VA) Form 21-526 (Department of VA Application for Compensation), and a VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative) with an attached Power of Attorney.
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 FSMs military records are not available to the Board for review. However, there were sufficient documents submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. The FSM's available military records show he enlisted in the Regular Army on 18 December 1940. He served in the European-African-Middle Eastern Theater of Operations from 23 February 1944 to on or about 5 October 1945. He was honorably separated from active duty on demobilization in the rank of sergeant on 13 October 1945.
4. The FSM's WD AGO Form 53-5, Item 31 (Military Qualification and Date), lists the following award: the Marksman Marksmanship Qualification Badge with Pistol Bar. Item 33 (Decorations and Citations) does not list the Bronze Star Medal.
4. The applicant provided an 83rd Field Artillery Battalion booklet, compiled by former members of the battalion as a keepsake. The booklet shows a listing for the Bronze Star Medal to include the FSM's name as a recipient of that award.
5. Army Regulation 600-8-22 (Military Awards), then in effect, stated 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 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 was also 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his father was awarded the Bronze Star Medal is acknowledged; however, the applicant provided no general orders showing his father was awarded the Bronze Star Medal or ever recommended for this award by proper authority.
2. The booklet provide by the applicant is insufficient as a basis for granting his request.
3. There is also no evidence to show the FSM was awarded the Combat Infantryman Badge and thereby making him eligible for award of the Bronze Star Medal based on this award for his service during World War II. In addition, as a field artilleryman, he would not have been eligible for the Combat Infantryman Badge.
4. Therefore, the applicant is not entitled to correction to his father's records to show award of the Bronze Star Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _______ ___
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) AR20100013034
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100013034
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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