IN THE CASE OF:
BOARD DATE: 13 July 2010
DOCKET NUMBER: AR20100014364
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 4 December 1943 and entered active duty on
27 December 1943. It further shows he served in the European-African-Middle Eastern (EAME) theater of operations from 27 June 1944 through 13 December 1945 while assigned to Company G, 329th Infantry Regiment. He was credited with participating in the Normandy, Northern France, Ardennes, and Rhineland campaigns. Item 31 (Military Qualifications) shows he received the Combat Infantryman Badge and item 33 (Decorations and Citations) shows he earned the following awards:
* Victory Ribbon (World War II Victory Medal)
* 3 Overseas Service Bars
* Army Good Conduct Medal
* EAME Campaign Medal with 4 bronze service stars
* Purple Heart
4. On 2 January 1946, the applicant was honorably discharged in the rank of private first class after completing 2 years and 28 days 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. 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 329th Infantry Regiment was given occupation credit for the occupation of Germany from 2 May-31 October 1945.
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. Therefore, this award 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 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) AR20100014364
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100014364
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002076505C070215
There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. The applicant signed his WD AGO Form 53-55 on 15 January 1946 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal...
ARMY | BCMR | CY2013 | 20130008639
The applicant, the son 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 award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), Army of Occupation Medal with Germany Clasp, and any awards and decorations to which he may be entitled. The applicant states: * award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and Army of Occupation...
ARMY | BCMR | CY2009 | 20090014429
The applicant's military record is not available to the Board for review. Records show that the applicant was awarded the EAME Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge, b. deleting from item 33 of his WD AGO 53-55 the European-African-Middle Eastern Campaign Medal and the Army of Occupation Medal, and c....
ARMY | BCMR | CY2008 | 20080004877
The applicant requests correction of the discrepancy between the WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge), of her deceased husband, a former service member (FSM), which shows he was awarded the Silver Star, and the National Records Personnel Center (NRPC) which authorized shipment of the Bronze Star Medal. The FSMs military records are not available to the Board for review. The FSM's records show that he is entitled to additional awards that are...
ARMY | BCMR | CY2011 | 20110022328
The applicant's military records are not available for review. The evidence of record shows the applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge; therefore, his WD AGO Form 53-55 should be corrected to show this award. 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 as follows: * deleting from item 33 the European-African-Middle Eastern Campaign...
ARMY | BCMR | CY2003 | 2003087328C070212
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge). Item 31 (Military Qualification and Date) on the applicant’s WD AGO Form 53-55 shows that he received the Combat Infantryman Badge. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Bronze Star Medal (based on award of the...
ARMY | BCMR | CY2012 | 20120000836
The applicant states: * a third bronze service star should be added to his EAME Campaign Medal * Army records were corrected after his discharge * He was present and active for all days of the 12th Armored Divisions combat duty 3. The applicant's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of his WD AGO Form 53-55 the...
ARMY | BCMR | CY2002 | 2002067734C070402
The applicant requests in effect, that his Enlisted Record and Report of Separation Honorable Discharge, WD AGO 53-55, be corrected to show the award of the Bronze Star Medal, the Combat Infantryman Badge, and three Battle Stars. The applicant’s military records show that he entered the Army of the United States on 25 January 1943. There is sufficient evidence of record to show that the applicant was awarded the American Campaign Medal, the Army of Occupation Medal with Germany Clasp, the...
ARMY | BCMR | CY2013 | 20130008883
The applicant's complete military records are not available to the Board for review. Service between 9 May 1945 and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge during World War II * deleting from his WD AGO Form 53-55...
ARMY | BCMR | CY2013 | 20130018074
The applicant's complete military records are not available to the Board for review. This pamphlet shows the 329th Field Artillery Battalion, the unit he was assigned to during his service in the EAME Theater of Operations, received occupation credit for Germany during the period 2 May to 11 June 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his WD AGO Form 53-55 the World War II Victory Medal and the...