BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100023137 


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 record and DD Form 214 (Report of Separation from the Armed Forces of the United States) to add the Bronze Star Medal (BSM).

2.  The applicant states he was awarded the BSM in 1944 and his records should reflect this award.

3.  The applicant provides a BSM Citation, dated 10 November 1944, in support of his application.

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 record shows he was commissioned in the U.S. Army Reserve (USAR) and entered active duty as a Reserve commissioned officer after serving in the Regular Army in an enlisted status from 16 October 1940 through 20 August 1942.  He served in a commissioned officer status from 21 August 1942 until 28 July 1956, at which time he was honorably released from active duty (REFRAD) in the rank of captain.

3.  The applicant's record shows he served in the European theater of operations (ETO) from 3 May 1943 through 6 December 1947.  It further shows that during his tenure in the ETO, he was credited with participating in the following campaigns:

* Sicily
* Naples-Foggia
* Rome-Arno
* Southern France
* Rhineland
* Central Europe
* Ardennes-Alsace

4.  The DD Form 214 issued to the applicant upon his REFRAD on 28 July 1956 shows he earned the following awards during the period covered by the DD Form 214 (21 August 1942-28 July 1956) in item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* American Defense Service Medal
* World War II Victory Medal
* American Campaign Medal
* European-African-Middle Eastern (EAME) Campaign Medal
* Army of Occupation Medal-Germany
* Purple Heart
* Meritorious Unit Badge
* nine overseas service bars
* Presidential Unit Citation
* Fourragere
* Croix de Guerre
* Armed Forces Reserve Medal

5.  The applicant reentered active duty in an enlisted status on 29 July 1956, but retained his commissioned officer status in the USAR.  He continued to serve on active duty until 31 December 1960, at which time he was honorably discharged in the rank of master sergeant for the purpose of retirement as an officer.

6.  The DD Form 214 he was issued for this period of service shows he earned the Army Good Conduct Medal during this period of active duty service (29 July 1956-31 December 1960).

7.  The applicant's DA Form 201 (Military Personnel Records Jacket) contains a copy of Headquarters, 3rd Infantry Division, General Orders Number 260, dated 10 November 1944.  These orders awarded the applicant the BSM for valorous conduct in action against the enemy on 24 May 1944.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's separation provided for entering awards earned during the period on the DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's award policy.  Paragraph 5-13 contains guidance on the EAME Campaign Medal.  It states a bronze service star is authorized for each campaign a member was credited with participating in while serving in the ETO.  It further stipulates a silver service star will be issued in lieu of five bronze service stars to denote participation in five campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to reflect award of the BSM has been carefully considered and found to have merit.  The record contains a copy of Headquarters, 3rd Infantry Division, General Orders Number 260, dated 10 November 1944, which awarded him the BSM for valorous conduct in action against the enemy on 24 May 1944.  Therefore, it would be appropriate to add this award to his 28 July 1944 DD Form 214 at this time.

2.  The record also confirms that during his service in the ETO the applicant was credited with participating in seven campaigns.  Therefore, he is entitled to one silver service star and two bronze service stars with his EAME Campaign Medal.  Therefore, it would be appropriate to correct his DD Form 214 accordingly.



BOARD VOTE:

____x____  ____x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 amending item 27 of his 28 July 1956 DD Form 214 by adding one silver service star and two bronze service stars to the existing EAME Campaign Medal entry and adding the BSM with "V" device.



      __________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)                                         AR20100023137



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ABCMR Record of Proceedings (cont)                                         AR20100023137



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