IN THE CASE OF:	  

		BOARD DATE:	    20 September 2011

		DOCKET NUMBER:  AR20110004738 


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 he was awarded the Bronze Star Medal with first oak leaf cluster.

2.  The applicant states he was awarded the Bronze Star Medal with first oak leaf cluster after his discharge.

3.  The applicant provides two self-authored statements.

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 record is not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents available to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records which primarily consist of the applicant's WD AGO Form 53-55 and other documents provided by NPRC.

3.  His WD AGO Form 53-55 contains the following pertinent information:

* he enlisted from the Enlisted Reserve Corps (ERC) on 19 August 1943 and entered active service on 22 January 1944
* he was trained in and awarded military occupational specialty 745 (Squad Leader, Infantry)
* his unit of assignment was Company B, 397th Infantry Regiment, 100th Division
* he served in the European Theater of Operations (ETO) from 20 October 1944 until 18 March 1946
* he held the rank of sergeant (SGT) at the time of his separation
* he was honorably discharged on 1 April 1946 
* he served a total of 8 months and 18 days of service in the United States
* he served a total of 1 year, 5 months, and 22 days of foreign service

4.  Item 31 (Military Qualifications) of his WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge.

5.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Rhineland and Central Europe campaigns of World War II.

6.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the:

* Purple Heart
* Bronze Star Medal (General Orders Number 259, Headquarters,
100th Infantry Division)
* Army Good conduct Medal
* Presidential Unit Citation

7.  Documents provided by the NPRC included a letter to the applicant's Representative in Congress, dated 18 May 2006, which advised the Member that the applicant was entitled to the Bronze Star Medal with first oak leaf cluster based on award of the Combat Infantryman Badge.  A Bronze Star Medal with 


first oak leaf cluster certificate, dated 10 October 1951, was issued to the applicant for meritorious achievement in ground operations against the enemy for service in the ETO during the Central Europe campaign.

8.  A review of the documents provided by NPRC indicates the applicant is entitled to the World War II Victory Medal. 

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 5-11 contains guidance on the World War II Victory Medal.  It states, in pertinent part, that it is awarded for service between 7 December 1941 and 31 December 1946.

10.  Army Regulation 600-8-22 provides, in pertinent part, 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 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.

11.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

12.  Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows World War II units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Bronze Star Medal with first oak leaf cluster was carefully considered and determined to have merit.

2.  Evidence shows the applicant was awarded the Combat Infantryman Badge and Bronze Star Medal prior to his discharge.

3.  The preponderance of evidence shows he was awarded the Bronze Star Medal with first oak leaf cluster after his separation.  It appears this award was based on General Marshall's authorization of the Bronze Star Medal to Soldiers who served during World War II if they had received the Combat Infantryman Badge.  Therefore, it would be appropriate at this time to add the Bronze Star Medal with first oak leaf cluster to his WD AGO Form 53-55.

4.  Based on the applicant's service in the ETO for the period 6 October 1944 to 18 March 1946, he is entitled to the World War II Victory Medal and correction of his WD AGO Form 53-55 to show this award.

5.  Department of the Army Pamphlet 672-1 shows the applicant's unit was authorized occupation credit in Germany during the period 2 May to 31 October 1945.  The applicant served with his unit in Europe from 20 October 1944 to 18 March 1946.  He is entitled to correction of his WD AGO Form 53-55 to show the Army of Occupation Medal with Germany Clasp.

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.  deleting from item 33 of his WD AGO Form 53-55 the Bronze Star Medal and;
	b.  adding to item 33 of his WD AGO Form 53-55 the:

* Bronze Star Medal (2nd Award)
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp



      __________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)                                         AR20110004738



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ABCMR Record of Proceedings (cont)                                         AR20110004738



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