IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100023653 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) be corrected by adding authorized awards.

2.  The applicant states he just became aware he was authorized the following awards and would like them added to his WD AGO Form 53-55:

* Bronze Star Medal (BSM)
* Prisoner of War (POW) Medal
* Combat Infantryman Badge (CIB)
* Honorable Service Lapel Button-World War II (WWII)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

3.  The applicant provides the following documents in support of his application:

* National Personnel Records Center (NPRC) letter
* WD AGO Form 53-55
* POW Database File

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  This case is being considered using the applicant's WD AGO Form 53-55, the other documents submitted by the applicant, and miscellaneous documents in the NPRC file.

3.  The applicant's separation document shows he was inducted into the Army of the United States on 9 July 1943 and that he entered active duty on 23 July 1943.  It also shows he served in the European theater of operations (ETO) from 25 January 1944 through 31 May 1945 and he participated in the Central Europe, Normandy, and Southern France campaigns of WWII.

4.  Item 31 (Military Qualifications) of his WD AGO Form 53-55 shows the applicant received the CIB and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 33 (Decorations and Citations) shows he earned the European-African-Middle Eastern (EAME) Campaign Medal with three bronze service stars, WWII Victory Medal, American Campaign Medal (ACM), and Army Good Conduct Medal (AGCM).  Item 55 (Remarks) shows he was issued the WWII Lapel Button.

5.  The applicant's WD AGO Form 53-55 shows he held the rank of staff sergeant on the date of his separation and this was the highest rank he attained while serving on active duty.  It also shows he was honorably separated on 29 November 1945 after completing 2 years, 4 months, and 23 days of active military service.

6.  The NPRC file contains a WWII POW data file pertaining to the applicant that confirms he was held as a POW in Germany at Stalag 4B Muhlberg 
Sachsen 51-13 from 30 July 1944 to 6 June 1945.

7.  An NPRC letter, dated 23 December 2009 shows that based on a review of the NPRC file pertaining to the applicant, the following awards were authorized for shipment to the applicant:


* BSM
* POW Medal
* AGCM
* ACM
* EAME Campaign Medal with three bronze service stars
* WWII Victory Medal
* CIB
* Honorable Service Lapel Button-WWII
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  The NPRC letter further confirmed the BSM was authorized based on the applicant's receipt of the CIB.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-9 contains guidance on the POW Medal.  It states it is authorized to members who were taken prisoner and held captive after 5 April 1917.

10.  Paragraph 3-13 of Army Regulation 600-8-22 provides guidance on award of the BSM.  Paragraph 3-13d (2) states the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders for award of the BSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the awards in question should be added to his WD AGO Form 53-55 has been carefully considered and found to have merit.  However, the applicant is advised the CIB and Sharpshooter Marksmanship Qualification Badge with Rifle Bar are already documented in item 31 of his WD AGO Form 53-55 and the Honorable Service Lapel Button-WWII is listed in item 55.  Given they are already documented on this form, no Board action is required for these awards.

2.  By regulation, the BSM is authorized to members who received the CIB during WWII.  The evidence of record confirms the applicant received the CIB during WWII.  Therefore, it would be appropriate to award the applicant the BSM for his exemplary conduct in ground combat against an armed enemy in the ETO and to add this award to his WD AGO Form 53-55.

3.  By regulation, the POW Medal is authorized to members who were taken prisoner and held captive after 5 April 1917.  The evidence confirms the applicant was a POW in Germany.  Therefore, it would also be appropriate to add the POW Medal 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 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:

	a.  awarding him the BSM for his exemplary conduct in ground combat in the ETO and

	b.  adding the BSM and POW Medal to item 33 of 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)                                         AR20100023653



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ABCMR Record of Proceedings (cont)                                         AR20100023653



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