Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110002297
Original file (20110002297.txt) Auto-classification: Approved


		BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20110002297 


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.  

2.  He states he’s entitled to the Bronze Star Medal because he was awarded the Combat Infantryman Badge in World War II.  

3.  He provides:

* his WD AGO Form 53-55
* the criteria for award of the "Bronze Star Medal for World War II for Combat Infantryman Badge and Combat Medical Badge Soldiers"

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 he was inducted into the Army of the United States on 18 September 1943 and he entered active duty on 9 October 1943.  This document also shows in:

* item 31 (Military Qualification and Date (i.e. infantry, aviation, and marksmanship badges, etc.)) the Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* item 33 (Decorations and Citations) the American Theater Ribbon, European-African-Middle Eastern Campaign Medal with two bronze service stars, Army Good Conduct Medal, Purple Heart with one bronze cluster, and World War II Victory Medal
* item 36 (Service Outside Continental U.S. and Return)  he arrived in the European Theater of Operations on 2 September 1944 and he departed on 10 August 1945

4.  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.

DISCUSSION AND CONCLUSIONS:

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 DD Form 214 to show this decoration.



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:

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

   b.  adding the Bronze Star Medal 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)                                         AR20110002297



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110002297



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100000395

    Original file (20100000395.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Bronze Star Medal, Combat Infantryman Badge, and the World War II Victory Medal, and that his organization at the time of his discharge was Company I, 291st Infantry Regiment, 75th Infantry Division instead of the Headquarters, 414th Anti-Aircraft Artillery (AAA) Gun Battalion. As a result, the Board recommends that all Department of...

  • ARMY | BCMR | CY2009 | 20090021776

    Original file (20090021776.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Combat Infantryman Badge and the Bronze Star Medal based on award of the Combat Infantryman Badge. Although there are no orders for the Combat Infantryman Badge in the available records, pay records show the applicant received combat infantry pay during World War II. Therefore, there is sufficient evidence on which to amend his WD AGO Form 53-55...

  • ARMY | BCMR | CY2009 | 20090017289

    Original file (20090017289.txt) Auto-classification: Approved

    The applicant's military service records are not available to the Board for review. The applicant contends that his records should be corrected to show award of the Bronze Star Medal because he was awarded the Combat Infantryman Badge during his service in World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of his WD AGO Form 53-55 the "EAME Ribbon"; b. awarding him the Bronze Star...

  • ARMY | BCMR | CY2008 | 20080016590

    Original file (20080016590.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Combat Infantryman Badge. Therefore, he is entitled to correction of his WD Form 53-55 to show this award. The applicant is also entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show the Bronze Star Medal.

  • ARMY | BCMR | CY2011 | 20110022735

    Original file (20110022735.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Based on his award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; b. amending item 31 (Military...

  • ARMY | BCMR | CY2011 | 20110020947

    Original file (20110020947.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to: * change item 6 (Organization) from "Company A, 159th Infantry" to "Cannon Company, 142nd Infantry Regiment, 36th Infantry Division" * add the following awards, battles, or campaigns: * one arrowhead device * Salerno * Anzio * Bulge (i.e., Ardennes-Alsace) 2. The primary record available to this Board is the applicant's WD AGO Form 53-55. As a result, the Board...

  • ARMY | BCMR | CY2012 | 20120006958

    Original file (20120006958.txt) Auto-classification: Approved

    The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 February 1943 and he entered active service in Roanoke, VA, on 3 March 1943. Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal...

  • ARMY | BCMR | CY2013 | 20130002243

    Original file (20130002243.txt) Auto-classification: Approved

    The applicant's WD AGO Form 24A (Service Record) shows in section 21 (Medals, Decorations, and Citations), he was awarded the Combat Infantryman Badge effective 23 March 1945 by General Orders Number 12, issued by Headquarters, 19th Armored Infantry Battalion. His WD AGO Form 53-55 shows in: a. item 31 (Military Qualification and Date (i.e., infantry, aviation, and marksmanship badges, etc) he was awarded the Combat Infantryman Badge on 23 March 1945; b. item 32 (Battles and Campaigns) he...

  • ARMY | BCMR | CY2011 | 20110024299

    Original file (20110024299.txt) Auto-classification: Approved

    Therefore, it would be appropriate to award him the AGCM (1st Award) based on his completion of a qualifying period of Federal military service from 1 June 1943 through 6 June 1945 and to correct his WD AGO Form 53-55 to show this award. The available evidence shows the applicant completed a period of qualifying service for award of the EAME Campaign Medal with two bronze service stars. Adding the following awards to item 33 of his WD AGO Form 53-55: (1) AGCM (1st award) (2) the...

  • ARMY | BCMR | CY2006 | 20060011120

    Original file (20060011120.txt) Auto-classification: Approved

    The FSM’s WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge; however, it does not show that he was awarded the Bronze Star Medal based upon award of the Combat Infantryman Badge during World War II. The FSM’s WD AGO Form 53-55 does not show that he was awarded the World War II Victory Medal; however, he served on active duty during a qualifying period of service for this award. As a result, the Board recommends that all Department of the Army records of the...