IN THE CASE OF:
BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100019141
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 his award of the Bronze Star Medal (BSM) be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
2. The applicant states he was awarded the BSM and it was not included on his WD AGO Form 53-55.
3. The applicant provides copies of:
* his BSM Citation
* general orders awarding him the BSM
* his WD AGO Form 53-55
* an email
* a self-authored statement describing his military experience
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. He was born on 28 November 1924. He was inducted into the Army of the United States on 3 February 1943 and entered active duty in California on 10 February 1943. He completed training as a low speed radio operator at Camp McCain, Mississippi, and he was transferred to the European theater of operations (ETO) on 4 November 1944. He was assigned to the 312th Combat Engineer Battalion, 87th Infantry Division, and participated in the Northern France, Southern France, and Rhineland campaigns.
4. He departed the ETO on 8 July 1945 and was transferred to Fort Devens, Massachusetts, where he was honorably discharged in the rank of technician
fourth class on 13 December 1945. He served 2 years, 10 months, and 11 days and was awarded the European-African-Middle Eastern Campaign Ribbon, the American Campaign Ribbon, the Army Good Conduct Medal, and the World War II Victory Medal.
5. General Orders Number 91 provided by the applicant show these orders were issued by Headquarters, 87th Infantry Division, on 24 April 1945 awarding the applicant the BSM for heroic achievement against an armed enemy. The citation for that award was classified as CONFIDENTIAL and as such could not be entered into his official records at the time.
6. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his award of the BSM should be added to his records was noted and was found to have merit.
2. At the time the applicant was awarded the BSM, the citation was classified as CONFIDENTIAL and as such could not be entered into his records. However, those records have since been declassified and he is entitled to have that award added to his records at this time.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 his award of the BSM to his discharge document at this time.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20100019141
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100019141
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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