IN THE CASE OF:	  

		BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20110003794 


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, the son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the Bronze Star Medal with “V” Device instead of just the Bronze Star Medal (BSM).

2.  The applicant states his father was awarded the BSM for heroic achievement in connection with military operations against an enemy of the United States near Bettendorf, Luxembourg on 20 January 1945.  The award was received after his father's discharge and it was not added to his separation document.  He goes on to state that he was issued a BSM set but it does not reflect a “V” Device and he desires to have his father’s records corrected.

3.  The applicant provides:

* A copy of his birth certificate
* A copy of the FSM’s death certificate
* A copy of the FSM’s marriage license
* A copy of the FSM’s WD AGO Form 53-55
* A self-authored letter with a list of enclosures 

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 military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of the United States at Fort Snelling, MN and entered active service on 5 November 1941.  He held military occupational specialty 566 (duty noncommissioned officer (NCO)).  On 1 November 1944, he departed the continental United States (CONUS) en route to the European Theater of Operations (ETO), arriving on 9 November 1944.  He participated in the Rhineland, Ardennes, and Central Europe campaigns.

4.  He was wounded in action in Germany on 2 December 1944.

5.  He departed the ETO on 2 July 1945 and he arrived in CONUS on 10 July 1945.  On 10 October 1945, he was honorably discharged at Camp Butner, NC with a Certificate of Disability for Discharge.  He served 3 years, 10 months, and 2 days of total active service, of which 8 months and 10 days were served overseas.

6.  Item 31 (Military Qualification and Date (i.e., infantry, aviation, and marksmanship badges, etc.)) of the FSM's WD AGO Form 53-55 shows the Combat Infantryman Badge (CIB). Item 33 (Decorations and Citations) of the FSM's WD AGO 53-55 shows the:

* Army Good Conduct Medal
* Purple Heart
* European-African-Middle Eastern (EAME) Theater Ribbon with three bronze service stars

7.  On 3 October 2007, the National Personnel Records Center authorized the issuance of medal sets for the:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal
* American Defense Service Medal
* American Campaign Medal
* EAME Theater Ribbon with three bronze service stars
* World War II Victory Medal
* CIB
* Honorable Service Lapel Button WWII

8.  The applicant provides three copies of the same newspaper article that contains a citation regarding the FSM being awarded the BSM for heroic achievement in connection with military operations against an enemy of the United States near Bettendorf, Luxembourg on 20 January 1945.

9.  There is no evidence in the available record to show that the awards of the BSM, American Defense Service Medal, and the American Campaign Medal have been added to the FSM's WD AGO Form 53-55.  There is also no evidence to show that the FSM was awarded the BSM with “V” Device.

10.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.

	c.  American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

	d.  American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

	e.  the World War II Victory Medal is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.

11.  Army Regulation 600-8-22 further states 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:

1.  The FSM’s records were burned in the 1973 fire at St. Louis and 65+ years have passed since he served in WWII which makes it difficult at best to determine what happened in the FSM’s case.

2.  Additionally, there are no available orders showing the FSM was awarded the BSM with “V” Device.  However, the newspaper article presented by the applicant is convincing in itself because it specifically cites the citation authority.

3.  Inasmuch as the available evidence already establishes that he was entitled to award of the BSM as a result of having been awarded the CIB, given the text of the citation contained in the newspaper article, it is reasonable to presume that he was also awarded a BSM with “V” Device for heroism.  Accordingly, it should be added to the FSM's WD AGO Form 53-55 at this time.

4.  Additionally, it appears the FSM met the eligibility criteria for entitlement to the American Defense Service Medal, American Campaign Medal, and the World War II Victory Medal.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show these awards.
BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 to item 33 of the FSM's WD AGO Form 53-55 the:

* Bronze Star Medal (2nd Award) and with “V” Device
* American Defense Service Medal
* American Campaign Medal
* World War II Victory Medal

2.  The Board wants the applicant and all others to know that the sacrifices made by his late father in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20110003794



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ABCMR Record of Proceedings (cont)                                         AR20110003794



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