IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024589 


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 the records of her deceased husband, a former service member (FSM), be corrected to show he was awarded the Bronze Star Medal.

2.  The applicant states her late husband earned the Bronze Star Medal for hazardous duty during World War II (WWII) but he never received it because she and the FSM were on leave at the time the medals were presented.  He was assigned to the 333rd Engineer Special Service Regiment.  

3.  The applicant provides:

* Internet printouts related to the 333rd Engineer Special Service Regiment's combat history
* FSM's Certificate of Death
* FSM's Certificate of Service

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 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 the FSM's 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.  The FSM was inducted into the Army of the United States (AUS) at Jefferson Barracks, MO, on 12 June 1942.  He attended and completed Officer Candidate School (Engineers), at Fort Belvoir, VA.  He was honorably discharged on 5 January 1943 to accept a commission and immediate active duty in the AUS.  

4.  The FSM's WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service) shows he entered active duty as a second lieutenant on 6 January 1943.  This form also shows at the time of separation, the FSM held military occupational specialty 7110 (Construction Engineer) and he was assigned to the 333rd Engineer Special Service Regiment.

5.  The FSM's WD AGO Form 53-98 shows he departed the continental United States (CONUS) on 6 October 1943 and arrived in the European Theater of Operations (ETO) on 18 October 1943.  He departed the ETO on 8 January 1946 and arrived back in CONUS on 19 January 1946.  

6.  The FSM completed 1 year and 2 of continental service and 2 years, 3 months, and 13 days of foreign service.  He was honorably separated on 20 April 1946.

7.  Item 28 (Battles and Campaigns) of the FSM's WD AGO Form 53-98 shows he participated in the Northern France, Normandy, Rhineland, and Central Europe campaigns during WWII.

8.  Item 29 (Decorations and Citations) of the FSM's WD AGO Form 53-98 shows he was awarded the European-African-Middle Eastern Campaign Medal with four bronze service stars, American Theater Campaign Ribbon, and WWII Victory Medal.

9.  The FSM's reconstructed record does not contain orders awarding him the Bronze Star Medal.

10.  The applicant submitted internet printouts from an unknown source, related to the combat history of the 333rd Engineer Special Service Regiment during WWII.  One area is highlighted and states "Personnel of the 333rd manned these barges for the crossing of the Channel, and they were later all awarded the Bronze Star Medal for their hazardous duty."  The article does not specify any names or who was awarded this medal.

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  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 the FSM'S record should be corrected to show award of the Bronze Star Medal and the evidence she provided along with a reconstructed record were carefully considered.  

2.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.  The applicant's sincerity and the FSM's service in WWII are not in question.  However, in the absence of official orders, there is insufficient evidence to correct his WD AGO Form 53-98 to show the Bronze Star Medal.

3.  The internet articles the applicant submitted are from an unknown source.    Although he was assigned to the 333rd Engineer Special Service Regiment, it is unclear if his company was a part of the group that crossed the channel or if he was present with the group when they crossed the channel. 

4.  Again, notwithstanding the applicant's sincerity, there is no evidence in the FSM's record that shows he was recommended for or awarded the Bronze Star Medal.  Regrettably, absent evidence which conclusively shows he was recommended for or awarded the Bronze Star Medal there is insufficient basis to correct his records in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by her father in service to our Nation.  The applicant and all Americans should be justifiably proud of her father's 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)                                         AR20100024589



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100024589



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1