BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100017807 


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, award of the Bronze Star Medal based on his Combat Infantryman Badge and the Army of Occupation Medal with Germany Clasp.

2.  The applicant states he was separated after the Army of Occupation Medal was approved.  He was awarded the Combat Infantryman Badge.

3.  The applicant provides copies of his:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a separation date of 22 January 1946
* WD AGO Form 100 (Separation Qualification Record)

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 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 applicant’s records were lost or destroyed in that fire.  The only records available to this Board are his WD AGO Form 53-55 and WD AGO Form 100 that were provided by the applicant and are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 
21 November 1942 and he entered into active duty on 28 November 1942.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 745 (Squad Leader).

4.  The applicant served in the European Theater of Operations (ETO) from 
4 September 1944 to 3 January 1946.  He was awarded the Combat Infantryman Badge on "31" September 1944.  The units to which he was assigned and the dates of his assignment are not available for review.

5.  On 22 January 1946, the applicant was honorably discharged by reason of demobilization.  He had completed 3 years, 1 month, and 24 days of total active service.  The last unit to which he was assigned as shown on his WD AGO 53-55 was the 54th Ordnance Group, 7th Army.  Item 32 (Battles and Campaigns) shows he participated in the Rome-Arno, Southern France, Rhineland, and the Central Europe campaigns during his service in the ETO.  Item 33 (Decorations and Citations) of his WD AGO 53-55 shows the American Theater Ribbon [now known as the American Campaign Medal], European-African-Middle Eastern Ribbon [now known as the European-African-Middle Eastern Campaign Medal], Army Good Conduct Medal, and the World War II Victory Medal.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II.  This document shows the 54th Ordnance Group was given occupation credit for Germany from 2 May to 27 December 1945, which coincides with the applicant's service in the ETO.

7.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides in paragraph 24, that item 6 of the WD AGO Form 53-55 (Organization), be completed as follows:  "Enter the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.  Assignments to units for the purpose of transfer from a theater to the United States are considered part of the movement to a separation activity."

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

9.  Army Regulation 600-8-22 states the Army of Occupation Medal was established by War Department General Orders 32, 1946.  The Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany clasp (exclusive of Berlin), 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.

10.  Army Regulation 600-8-22 states the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  One bronze service star is authorized for each campaign served.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Combat Infantryman Badge.  He was discharged prior to the provision that authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is entitled to the award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.

2.  The 54th Ordnance Group was given occupation credit for Germany from 
2 May to 27 December 1945.  The exact dates of the applicant's assignment to the 54th Ordnance Group are not available; however, his last assignment was the 54th Ordnance Group when he departed the ETO on 3 January 1946.  Therefore, it is reasonable to conclude he was assigned for a period of thirty consecutive days at a normal post of duty with the 54th Ordnance Group.  

3.  The applicant was in the ETO from 4 September 1944 to 3 January 1946 and is authorized the European-African-Middle Eastern Campaign Medal.  As such, there is sufficient evidence to show he is authorized the Army of Occupation Medal with Germany clasp.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his WD AGO 
Form 53-55 to show this award.

4.  The applicant's WD AGO Form 53-55 shows he participated in four campaigns during his service in the ETO.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal and correction of his WD AGO Form 53-55 to show these bronze service stars.

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:

	a.  deleting from item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Ribbon;

	b.  awarding him the Bronze Star Medal effective 30 September 1944 based on award of the Combat Infantryman Badge; and

	c.  adding to item 33 of his WD AGO Form 53-55 the:

* Bronze Star Medal
* European-African-Middle Eastern Campaign Medal with four bronze service stars
* 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)                                         AR20100017807



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100017807



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1