IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110006444 


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 the WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) of his later father, a former service member's (FSM), to show award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

2.  The applicant states his late father earned the Combat Infantryman Badge.

3.  The applicant provides:

* his birth certificate
* FSM's WD AGO Form 100 (Separation Qualification Record)
* FSM's certificate of death

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 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.  It is believed that his 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.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 15 March 1943 and entered active duty in Boston, MA, on 22 March 1943.  This form also shows that at the time of his separation, he held military occupational specialty 745 (Rifleman) and he was assigned to the 9th Chemical Depot Company.

4.  The FSM's WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 13 May 1944 and he arrived in the European theater of operations (ETO) on 23 May 1944.  He departed the ETO on 21 August 1945 and arrived in CONUS on 15 September 1945.

5.  The FSM completed 1 year, 4 months, and 15 days of continental service and 1 year, 3 months, and 29 days of foreign service.  He was honorably discharged on 10 December 1945 at Camp Edwards, MA.

6.  Item 31 (Military Qualifications and Date) of the FSM's WD AGO Form 53-55 shows he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Second Class Gunner [Marksman] Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Small Machine Gun Bar

7.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he participated in the Northern France, Rhineland, Ardennes, and Central Europe campaigns during World War II.

8.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows the Purple Heart (1st Oak Leaf Cluster), World War II Victory Medal, and European-African-Middle Eastern Campaign Medal with four bronze service stars.

9.  The FSM's WD AGO Form 100, dated 10 December 1945, shows he served as an infantryman with the 2nd Infantry Regiment, 5th Infantry Division, and he was awarded the Combat Infantryman Badge.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.

	b.  The 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.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's WD AGO Form 100 shows he was awarded the Combat Infantryman Badge which is not shown on his WD AGO Form 53-55.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the Combat Infantryman Badge.

2.  Based on the FSM's 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 award.

3.  The FSM served a qualifying period of service for award of the American Campaign Medal in that he served in the continental United States for more than one year.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the American Campaign Medal.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge
* adding the Combat Infantryman Badge to item 31 of the FSM's WD AGO Form 53-55
* adding the Bronze Star Medal and American Campaign Medal to item 33 of the FSM's 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)                                         AR20110006444



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ABCMR Record of Proceedings (cont)                                         AR20110006444



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