IN THE CASE OF:	  

		BOARD DATE:	    9 December 2010

		DOCKET NUMBER:  AR20100014067 

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, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show the Bronze Star Medal (BSM) contains the "V" (Valor) Device.

2.  The applicant states he was awarded the BSM in 1945 for heroic achievement as opposed to meritorious achievement.  He feels he is entitled to the “V” Device under the provisions of current Army regulatory guidance.  

3.  He asserts the “V” Device was not recognized during World War II (WW II); however, if applicable he requests a retroactive amendment to his BSM.

4.  The applicant provides the following in support of his request:

* General Orders (GO) Number 30, Headquarters, 65th Infantry Division, dated 22 May 1945, for award of the BSM
* His WD AGO Form 53-55 for the period ending 24 January 1946
* His 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 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 WD AGO Form 53-55 shows he was inducted into the Army of the United States on 27 November 1943 and he entered active duty on
18 December 1943.  His records are void of any information containing his unit of assignment; however, he remained in the Continental United States (CONUS) until his departure for France on 10 January 1945.

3.  His WD AGO Form 53-55 shows he served with Headquarters and Headquarters Company (HHC), 42nd Infantry Division, in the European Theater of Operations (ETO) from 21 January through 4 May 1945.  

4.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Rhineland and Central Europe Campaigns of WW II.  Item 
33 (Decorations and Citations) shows he earned the European African-Middle Eastern Campaign Medal with two bronze service stars, Army Good Conduct Medal, Bronze Star Medal, American Theater Ribbon, and WWII Victory Medal.  

5.  Item 36 (Service Outside Continental United States and Return) of his WD AGO Form 53-55 shows he departed the United States for the ETO on
10 January 1945.  The date departed the ETO for the United States is not indicated; however, this form further shows the applicant was honorably separated on 24 January 1946 for the purpose of enlistment in the Regular Army.  He completed a total of 2 years, 1 month, and 28 days of active military service during this period.  

6.  His service record also contains a WD AGO Form 53 (Enlisted Record and Report of Separation-Honorable Discharge) for the period 25 January 1946 through 25 January 1949 that shows he departed the ETO on 7 February 1946 and arrived in the United States on 16 February 1946.  On 15 August 1946, he departed the United States for Bremerhaven, Germany and arrived on 24 August 1946.  He once again departed Bremerhaven on 20 July 1948 and returned to the United States on 29 July 1948.  No other campaigns, decorations or citations were recorded on this form.

7.  The applicant provided a copy of GO Number 30 which awards him the BSM for heroic achievement in connection with military operations against an enemy of the United States at Kapfelberg, Germany on 26 April 1945.
8.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his WD AGO Form 53-55.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 3-14 of this regulation provides guidance on award of the BSM and states, in pertinent part, that it may be awarded for meritorious service, meritorious achievement, or acts of heroism.  A "V" Device is authorized for a BSM awarded for heroism (valor).  

10.  Army Regulation 600-8-22, Paragraph 5-10, provides guidance on the Army of Occupation Medal (AOM).  It states, in pertinent part, that the AOM is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  It states that the AOM is authorized to Soldiers who served in the ETO during the occupation of Europe.  These Soldiers will wear the clasp inscribed "Germany." 

11.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This source confirms that during his tenure of assignment, the 42nd Infantry Division was awarded occupation credit for Germany for the period 20 May – 3 June 1945 and Austria for the period 4 June 1945-30 October 1945.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his WD AGO Form 53-55 should be corrected to show the BSM contains the "V" Device was carefully considered and was found to have merit.

2.  The available evidence contains a copy of GO Number 30 which awards the applicant the BSM for heroic achievement in connection with military operations against an enemy at Kapfelberg, Germany.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 by adding the "V" Device to his previously awarded BSM.  

3.  The evidence confirms the 42nd Infantry Division was awarded occupation credit for Germany and Austria.  As a result, he is eligible for award of the AOM with Germany Clasp and to have this award 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 for the period ending 24 January 1946 by:

	a.  deleting the Bronze Star Medal from item 33; and

	b.  adding the following awards to item 33:

* Bronze Star Medal with "V" Device
* 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)                                         AR20100014067



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ABCMR Record of Proceedings (cont)                                         AR20100014067



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