IN THE CASE OF:	  

		BOARD DATE:	    17 February 2011

		DOCKET NUMBER:  AR20100019029 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the World War II (WWII) Victory Medal and Bronze Star Medal (BSM) based on award of the Combat Infantryman Badge (CIB).  He also requests campaign credit for his participation in the "Battle of the Bulge." 

2.  He states he recently learned he was eligible for these awards, but he never received them. 

3.  He provided copies of:

* A WD AGO Form 53-55 
* A WD AGO Form 100 (Separation Qualification Record)
* An 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.  His 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 his 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.  His WD AGO Form 53-55 shows the following entries:

* Item 6 (Organization) – 758th Engineer Combat Company
* Item 7 (Date of Separation) – 7 January 1946
* Item 22 (Date of Induction) – 4 June 1943
* Item 24 (Date of Entry Into Active Service) – 11 June 1943
* Item 31 (Military Qualification and Date): 

* CIB
* Marksman Marksmanship Qualification Badge with [M1] Rifle Bar 

* Item 32 (Battle and Campaigns):

* Northern France
* Ardennes
* Rhineland

* Item 33 (Decorations and Citations):

* American Theater Campaign Medal
* European-African-Middle Eastern (EAME) Campaign Medal with three bronze service stars
* Good Conduct Medal
* Purple Heart
* Victory Medal (known as WWII Victory Medal)







* Item 36 (Service Outside Continental U.S. and Return):

* Departed the U.S. on 24 August 1944
* Arrived in the EAME Theater on 1 September 1944
* Departed the EAME Theater on 22 December 1945
* Arrived in the U.S. on 1 January 1946

4.  A review of his records indicates he may be entitled to additional awards which are not on his WD AGO Form 53-55.

5.  Army Regulation 600-8-22 (Military Awards) provides guidance on the issuances of the following awards and decorations:

   a.  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 is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized the CIB for service during World War II.

   b.  WWII Victory Medal – is awarded for service between 7 December 1941 and 31 December 1946.

	c.  Army of Occupation Medal (AOM) – is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany."

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains credits for campaign participation, assault landing, and Army of occupation.  It also lists unit awards and foreign decorations received by units serving during World War II.  The 758th Engineer Combat Company is not listed in this pamphlet.   

7.  According to the U.S. Army Center of Military History (CMH), the “Battle of the Bulge” also known as the “Ardennes Offensive,” took place in the vicinities of Ardennes, Belgium, Luxembourg and Germany from 16 December 1944 through 25 January 1945.  



DISCUSSION AND CONCLUSIONS:

1.  Evidence shows he is entitled to the BSM as a conversion award based on his award of the CIB.  As a result, his records should be corrected to show this award. 

2.  Based on his participation in the Ardennes Offensive, he is entitled to award of the AOM with Germany clasp.

3.  Item 32 of his WD AGO Form 53-55 shows he was given campaign participation credit for Ardennes, Northern France and Rhineland.  The CMH lists the “Ardennes Offensive” as another name for the “Battle of the Bulge.”  His record shows he has already been awarded campaign credit and the EAME Campaign Medal with three bronze service stars for this battle.

4.  Item 33 of his WD AGO Form 53-55 shows he was awarded the WWII Victory Medal prior to his separation from the Army.  Therefore, there is no effective relief for this portion of his request. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  awarding him the BSM based on his receipt of the CIB, and 
   
   b.  adding the BSM and AOM with Germany clasp to item 33 of his WD AGO Form 53-55.




2.  The Board further determined that 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 awarding the WWII Victory Medal and adding campaign credit for the “Battle of the Bulge.”  




      _______ _   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)                                         AR20100019029





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ABCMR Record of Proceedings (cont)                                         AR20100019029



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