IN THE CASE OF:	  

		BOARD DATE:	  4 January 2011

		DOCKET NUMBER:  AR20100016579 


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 (BSM) for action in the Battle of the Bulge in February 1945.

2.  The applicant states General George Marshall awarded the BSM to every infantryman who fought in the Battle of the Bulge and, later, General Omar Bradley awarded the BSM to all infantrymen who had the Combat Infantryman Badge.  He received the latter BSM.

3.  The applicant provides a self-authored statement, correspondence from the National Personnel Records Center (NPRC), a newspaper article, a newsletter article, and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

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 military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC 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 was inducted into the Army of the United States on 3 May 1944.  On 9 November 1944, he arrived in the European theater of operations where he performed duties in military occupational specialty (MOS) 745 (Rifleman).  He returned to the United States on 20 March 1945 and received an honorable discharge on 9 September 1945.

4.  His WD AGO Form 53-55 shows:

	a.  in item 31 (Military Qualification and Date (i.e., infantry, aviation and marksmanship badges, etc.)) the entry "None";

	b.  in item 33 (Decorations and Citations) the European-African-Middle Eastern (EAME) Theater Ribbon with two bronze campaign stars, Good Conduct Ribbon, and Purple Heart; 

	c.  in item 34 (Wounds Received in Action) he was wounded on 22 December 1944;

	d.  in item 37 (Total Length of Service) he served 11 months and 16 days in the continental United States; and

	e.  in item 55 (Remarks) he was issued the Honorable Service Lapel Button.

5.  On 17 May 2010, NPRC notified the applicant's Representative in Congress it had authorized shipment of the following awards for the applicant:

* BSM
* Purple Heart
* Good Conduct Medal
* American Campaign Medal
* EAME Campaign Medal with two bronze service stars
* World War II Victory Medal
* CIB
* Honorable Service Lapel Button
6.  The record does not show what documentation NPRC used as the basis for authorizing shipment of the awards listed above.

7.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

8.  The Institute of Heraldry, an Army agency providing heraldic services to the Armed Forces and other U.S. Government organizations, provides the following history of the BSM on its web site:

General George C. Marshall, in a memorandum to President Roosevelt dated February 3, 1944, wrote:  'The fact that the ground troops, Infantry in particular, lead miserable lives of extreme discomfort and are the ones who must close in personal combat with the enemy, makes the maintenance of their morale of great importance.  The award of the Air Medal has had an adverse reaction on the ground troops, particularly the Infantry Riflemen who are now suffering the heaviest losses, air or ground, in the Army, and enduring the greatest hardships.'  The Air Medal had been adopted 2 years earlier to raise airmen's morale.

President Roosevelt authorized the Bronze Star Medal by Executive Order 9419, dated 4 February 1944 retroactive to 7 December 1941.  This authorization was announced in War Department Bulletin Number 3, dated 10 February 1944.  The Executive Order was amended by President Kennedy per Executive Order 11046, dated 24 August 1962, to expand the authorization to include those serving with friendly forces.

As a result of a study conducted in 1947, the policy was implemented that authorized the retroactive award of the Bronze Star Medal to Soldiers who had received the CIB or the Combat Medical Badge during World War II.  The basis for doing this was that the badges were awarded only to Soldiers who had borne the hardships which resulted in General Marshall's support of the Bronze Star Medal.  Both badges required a recommendation by the commander and a citation in orders.

9.  A review of the available records shows the NPRC authorized the issue of awards that are not listed on the applicant's WD AGO Form 53-55.

10.  Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American theater of operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

11.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

12.  War Department Circular Number 408, dated 17 October 1944 and effective 1 November 1944, restricted award of the CIB to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry.  Personnel whose eligibility was thus established could qualify for award of the CIB by satisfactory performance of duty in ground combat against the enemy.  Announcement of the award of the CIB would be made in regimental or unit orders.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for award of a second BSM; however, the evidence does show he is entitled to awards not listed on his WD AGO Form 53-55.

2.  It appears NPRC authorized issuance of the CIB based on information from the applicant's WD AGO Form 53-55, specifically the fact that he held an infantry MOS and was awarded the Purple Heart for wounds he received in action on    22 December 1944.  Taken together, those facts indicate the applicant performed satisfactorily in ground combat, thereby earning the CIB.

3.  It appears NPRC authorized issuance of the BSM based on its determination of his entitlement to the CIB.  The CIB and BSM require announcement in orders; however, the NPRC is not an orders-issuing authority.  Therefore, the applicant is entitled to the publication of orders announcing he has been awarded the CIB and BSM and correction of his WD AGO Form 53-55 to add these awards.

4.  The BSM was not awarded to every infantryman who served in the Battle of the Bulge; however, every infantryman who earned the CIB during the Battle of the Bulge is entitled to award of the BSM.  The applicant is entitled to the BSM based on award of the CIB, but he is not entitled to a second award of the BSM for having served in the Battle of the Bulge.

5.  The available documentation does not support the NPRC's decision to issue the American Campaign Medal to the applicant.  There is no evidence showing he had qualifying service in the American theater making him eligible for this award.  In this case, the applicant served in the continental United States for less than the required aggregate period of 1 year.  Therefore, he is not entitled to correction of his WD AGO Form 53-55 to show the American Campaign Medal.

6.  The applicant served during the period of eligibility for the World War II Victory Medal.  He is entitled to correction of his WD AGO Form 53-55 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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.  publishing orders announcing award of the CIB and BSM (based upon award of the CIB);

	b.  adding the CIB to item 31 of his WD AGO Form 53-55; and

	c.  adding the BSM and World War II Victory Medal to item 33 of his WD AGO Form 53-55.



2.  The Board further determined 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 a second award of the BSM.



      ____________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)                                         AR20100016579



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ABCMR Record of Proceedings (cont)                                         AR20100016579



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