IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110001457
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 Combat Medical Badge and Bronze Star Medal (based on award of the Combat Medical Badge) be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation).
2. The applicant states:
* All of his awards and decorations are not identified on his discharge papers
* He requested replacement of his awards and decorations and found out he was awarded the Bronze Star Medal and Combat Medical Badge
3. The applicant provides his WD AGO Form 53-55.
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 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. He was inducted into the Army of the United States on 24 August 1943 and entered active duty on 14 September 1943. He served in the European theater of operations from 30 March 1944 to 17 August 1945. On 19 December 1945, he was released from active duty.
4. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show the Bronze Star Medal as an authorized award. Item 31 (Military Qualification and Date) of this form shows he received the Combat Medical Badge. Since the Combat Medical Badge is shown on his WD AGO Form 53-55, this portion of his request will not be discussed further in these proceedings.
5. His War Department Form 372A (Final Payment Work Sheet) shows he received medical badge pay.
6. Army Regulation 600-45 (Decorations), effective 13 October 1949, provided that the Bronze Star Medal was 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. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
DISCUSSION AND CONCLUSIONS:
Based on award of the Combat Medical Badge, he is entitled to award of the Bronze Star Medal. His WD AGO Form 53-55 should be corrected to show this 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 all Department of the Army records of the individual concerned be corrected by adding the Bronze Star Medal (based on award of the Combat Medical Badge) 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) AR20110001457
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ABCMR Record of Proceedings (cont) AR20110001457
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