IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20100030320
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 records to show award of the Bronze Star Medal.
2. The applicant states he earned the Bronze Star Medal but it was never awarded.
3. The applicant provides his WD AGO Form 53-55 (Honorable Discharge); a letter from his son; a photocopy of a Bronze Star Medal related news article; General Orders Number 24; Headquarters, 12th Armored Division General Orders Number 101; an extract of an account of the 12th Armored Division battle activities; and Department of the Army General Orders Number 63.
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 applicants 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 applicants 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 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. The applicant's records were partially destroyed in that fire. However, there are sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. His military records show he was inducted into the Army of the United States on 2 October 1942 and entered active service on 22 October 1942. He was subsequently awarded military occupational specialty (MOS) 345 (truck driver light). The highest rank he attained during his tenure of service was technician 4.
4. On 21 December 1945, he was honorably discharged due to demobilization after completing 3 years and 2 months of active service.
5. His WD AGO Form 53-55 shows he served in the European theater of operations from 2 October 1944 to 5 December 1945.
6. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Rhineland and Central Europe campaigns.
7. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not list the Bronze Star Medal or a Combat Infantryman Badge. His records do not contain orders for or a recommendation for award of the Bronze Star Medal.
8. He provided Headquarters, 12th Armored Division General Orders Number 101, dated 14 August 1945, which awarded him the Certificate of Merit for meritorious and outstanding performance in military duty from 8 December 1944 to 30 April 1945 in Eastern France and Western Germany. The orders indicated the men listed on the orders (which included the applicant) supplied Combat Command A with fuel, food, and other necessary supplies, often times traveling through territory which was unguarded and unprotected, often traveling without maps or guidance.
9. Army Regulation 600-8-22 (Military Awards) provides that 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 such 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.
DISCUSSION AND CONCLUSIONS:
1. There are no orders or evidence of a recommendation for award of the Bronze Star Medal. He was not awarded the Combat Infantryman Badge or Combat Medical Badge.
2. He was awarded the Certificate of Merit for meritorious and outstanding performance in military duty in Eastern France and Western Germany. However, there is no mention and there is insufficient corroborating evidence to show he personally was in ground combat. Therefore, regrettably, there is insufficient evidence to show he met the eligibility criteria for award of the Bronze Star Medal.
3. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ _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) AR20100030320
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ABCMR Record of Proceedings (cont) AR20100030320
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