IN THE CASE OF:	  

		BOARD DATE:	    18 January 2011

		DOCKET NUMBER:  AR20100017644 


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 daughter of a deceased former service member (FSM), requests her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the Bronze Star Medal (based on award of the Combat Infantryman Badge).

2.  The applicant states the medal is not listed on his discharge.

3.  The applicant provides:

* Death certificate
* Letter, dated 23 July 2007, from the National Personnel Records Center in St. Louis, MO
* WD AGO Form 53-55 

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's military records are 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 FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of the United States on 24 January 1941.  He served as a rifleman in the European theater of operations from 
13 April 1943 until approximately 13 January 1944.  He was honorably discharged on 26 April 1945.

4.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he participated in one campaign.  Item 33 (Decorations and Citations) of the his WD AGO Form 53-55 shows the European-African-Middle Eastern (EAME) Campaign Medal with bronze arrowhead, Good Conduct Medal, and American Defense Ribbon as authorized awards.  His WD AGO Form 53-55 shows he received the Combat Infantryman Badge.  His WD AGO Form 53-55 also shows he served 3 years, 10 months, and 21 days of continental service.

5.  Army Regulation 600-45 (Decorations), 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.  

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, 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.
7.  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.

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

DISCUSSION AND CONCLUSIONS:

1.  Based on award of the Combat Infantryman Badge, the FSM is eligible for award of the Bronze Star Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

2.  The FSM served a period of qualifying service for award of the American Campaign Medal based on active duty service within the continental United States for an aggregate period of 1 year between 24 January 1941 and
26 April 1945.  Therefore, his WD AGO Form 53-55 should be corrected to show this medal.

3.  The FSM participated in one campaign during World War II which makes him eligible for one bronze service star to be worn with his already awarded EAME Campaign Medal with bronze arrowhead.

4.  The FSM served a period of qualifying service for award of the World War II Victory Medal.  Therefore, this medal should 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 adding the Bronze Star Medal, American Campaign Medal, World War II Victory Medal, and one bronze service star for wear on his already awarded EAME Campaign Medal with bronze arrowhead to his WD AGO Form 53-55.



      _________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)                                         AR20100017644



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ABCMR Record of Proceedings (cont)                                         AR20100017644



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