IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100024299 


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 the record of her late husband, a former service member (FSM), to show he was awarded the Bronze Star Medal (BSM).

2.  She states he received a Certificate of Merit for his service during World War II.  It is her understanding that Soldiers who received the Certificate of Merit should receive the BSM.

3.  She provides:

* the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* general orders awarding the FSM a Certificate of Merit
* the FSM's death certificate
* general orders pertaining to battle participation credit and campaigns
* newspaper clippings
* the FSM's Army of the United States 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.  The FSM's complete military record is not available to the ABCMR for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the majority of the FSM's records were lost or destroyed in that fire.  This case is being considered using the documents provided by the applicant and records in the FSM's reconstructed NPRC file.

3.  The FSM enlisted in the Enlisted Reserve Corps on 27 October 1942 and entered active duty on 15 June 1943.  He was honorably discharged on 15 April 1946 after completing 2 years and 10 months of active military service.  Subsequent to his service during World War II, he served honorably in the U.S. Army Reserve.

4.  His WD AGO Form 53-55 shows in:

* item 6 (Organization) he was assigned to Headquarters Company, Combat Command A, 12th Armored Division
* item 32 (Battles and Campaigns) he participated in the Rhineland and Central Europe campaigns
* item 33 (Decorations and Citations) he was awarded the –

* World War II Victory Ribbon
* Army Good Conduct Medal
* American Theater Ribbon
* European-African-Middle Eastern (EAME) Theater Ribbon with two bronze service stars

* item 36 (Service Outside the Continental United States and Return) he served in the EAME theater of operations from 2 October 1944 to 30 March 1946

5.  General Orders Number 101, issued by Headquarters, 12th Armored Division, dated 14 August 1945, awarded the Certificate of Merit to the FSM and six other Soldiers for their meritorious and outstanding performance of military duty from 1 April to 7 May 1945 in western Germany.  The orders cite the Soldiers' "outstanding ability in their continuous efforts under difficult combat conditions."

6.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  Award may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been 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, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947.

7.  A review of the available records indicates the FSM is entitled to additional awards and decorations that are not shown on his WD AGO Form 53-55.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II.

	a.  Combat Command A, 12th Armored Division, received credit for participation in the Ardennes-Alsace (16 December 1944 to 25 January 1945), Central Europe (22 March to 11 May 1945), and Rhineland (15 September 1944 to 21 March 1945) campaigns.

	b.  The 12th Armored Division received occupation duty credit for service in Germany from 20 May to 4 June 1945.

9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the EAME Campaign Medal (formerly known as the EAME Theater Ribbon).

10.  Army Regulation 600-8-22 states the Army of Occupation Medal with Germany Clasp is awarded for qualifying service between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was awarded a Certificate of Merit for his meritorious and outstanding performance of military duty under difficult combat conditions while assigned to a ground combat unit from 1 April to 7 May 1945.  Therefore, he is entitled to correction of his record to show he was awarded the BSM.

2.  While the FSM was assigned to Combat Command A, 12th Armored Division, the unit received credit for participating in three campaigns.  Therefore, in addition to the two campaigns shown on his WD AGO Form 53-55, he is entitled to correction of his record to show he served in the Ardennes-Alsace campaign and three bronze service stars for wear on the previously-awarded EAME Campaign Medal.

3.  The FSM served in the 12th Armored Division during a period for which the unit received occupation credit for service in Germany and he was awarded the EAME Campaign Medal for service prior to 9 May 1945.  Therefore, he is entitled to correction of his record to show he was awarded the Army of Occupation Medal with Germany Clasp.

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 making these changes to the FSM's WD AGO Form 53-55:

	a.  adding "Ardennes-Alsace" to item 32,

	b.  deleting "EAME Theater Ribbon and Two Bronze Service Stars" from item 33,

	c.  awarding him the BSM for the period 1 April to 7 May 1945 based upon award of a Certificate of Merit; and



	d.  adding to item 33 the:

* BSM
* EAME Campaign Medal with three 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)                                         AR20100024299



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ABCMR Record of Proceedings (cont)                                         AR20100024299



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