IN THE CASE OF:	  

		BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20100030161 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Bronze Star Medal and two “battle stars” [currently known as bronze service stars] for participation in the Ardennes-Alsace and Rhineland campaigns.

2.  He states his discharge document doesn’t reflect several medals/ribbons to which he believes he is entitled.  He was assigned to Company G, 2nd Battalion, 274th Infantry Regiment and he was wounded on 4 March 1945.

3.  He provides his WD AGO Form 53-55 and information on the Presidential Unit Citation and campaign awards.

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 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 applicant'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.  His WD AGO Form 53-55 shows in:

* item 6 (Organization) - he was assigned to the 274th Infantry Regiment
* item 31 (Military Qualification and date (i.e. infantry, aviation, and marksmanship badges, etc.) - award of the Combat Infantryman Badge
* item 32 (Battles and Campaigns) - the Northern France campaign
* item 33 (Decorations and Citations) - the Distinguished Unit Badge, World War II Victory Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with one bronze battle star, Purple Heart, and Army Good Conduct Medal
* item 36 (Service Outside Continental U.S. and Return) - he arrived in the European Theater of Operations on 10 December 1944 and he departed on 4 May 1945

4.  References:

   a.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This pamphlet shows the 274th Infantry Regiment, 70th Infantry Division:

* received credit for participating in the Ardennes-Alsace, Central Europe, and Rhineland campaigns
* 2nd Battalion was cited for award of the Distinguished Unit Citation (redesignated as the Presidential Unit Citation) for the period 
5 through 7 January 1945 by War Department General Orders (WD GO) Number 58, dated 1945

   b.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
   
	c.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Combat Infantryman Badge during World War II.  Therefore, he is authorized award of the Bronze Star Medal and correction of his records to show this decoration.

2.  His WD AGO Form 53-55 shows he received credit for participation in the Northern France campaign.  However, the Department of the Army Pamphlet 672-1 does not indicate the 274th Infantry Regiment, 70th Infantry Division received credit for participation in this campaign.  It appears that the Northern France campaign was erroneously entered in item 32 of his WD AGO Form 53-55.  

3.  However, his unit in the European Theater of Operations did receive credit for participation in the Ardennes-Alsace, Central Europe, and Rhineland campaigns.  Therefore, he is eligible for three bronze service stars for wear on his European-African-Middle Eastern Service Medal.  

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the WD AGO Form 53-55 of the individual concerned be corrected by:
	a.  deleting the entry “Northern France” from item 32 of his WD AGO Form 53-55;

	b.  deleting the European-African-Middle Eastern Campaign Medal with one bronze service star from item 33;

	c.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge;

   d.  adding the Ardennes-Alsace, Central Europe, and Rhineland campaigns to item 32;
   
   e.  adding award of the European-African-Middle Eastern Campaign Medal with three bronze service stars and Bronze Star Medal to item 33.



      _______ _   _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)                                         AR20100030161





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ABCMR Record of Proceedings (cont)                                         AR20100030161



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