IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110013274 


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 his record be corrected to add the an Oak Leaf Cluster (2nd Award) to the Bronze Star Medal (BSM) and to add the Army of Occupation Medal (AOM) and 3 bronze service stars with his European-African-Middle Eastern (EAME) Campaign Medal.  

2.  The applicant states he understands he is authorized the awards in question.  

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and a DA Form 1577 (Authorization for Issuance of Awards) in support of his application.  

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 complete military record is not available for Board review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  This case is being considered using reconstructed records maintained by NPRC which include the applicant's WD AGO Form 53-55, a DA Form 1577, and various miscellaneous documents.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army on 6 March 1943 and entered active duty on 13 March 1943.  Item 6 (Organization) shows he served with Headquarters Company, 62nd Armored Infantry (AI) Battalion, 14th Armored Division.   Item 31 (Military Qualifications) shows he earned the Combat Infantryman Badge (CIB) and Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns of World War II (WWII). 

4.  Item 33 (Decorations and Citations) of the WD AGO Form 53-55 shows the applicant earned the following awards:

* 2 Overseas Service Bars
* 1 Service Stripe
* American Campaign Medal (ACM)
* EAME Campaign Medal with 2 bronze service stars
* Army Good Conduct Medal (AGCM)
* WWII Victory Medal

5.  Item 36 (Service Outside the Continental United States and Return) shows he served in the European theater of operations (ETO) from 28 November 1944 through 1 March 1946.  The WD AGO Form 53-55 shows the applicant was honorably separated in the rank of staff sergeant on 16 March 1946.

6.  The applicant's NPRC file contains a DA Form 1577, dated 12 September 1989.  This document shows the applicant was issued the BSM based on his having received the CIB, and that in addition to the BSM he was issued the following awards:

* AGCM
* ACM
* EAME Campaign Medal with 3 bronze service stars
* WWII Victory Medal
* CIB
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 3-14d of Army Regulation 600-8-22 states the BSM 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.  An award of the CIB is considered to be a citation in orders for the BSM.  Therefore, the BSM is to be awarded to individuals who were authorized the CIB for service during WWII.  An Oak Leaf Cluster is awarded to denote a second or subsequent award of the BSM. 

8.  Paragraph 5-11 of the awards regulation contains guidance on the (AOM.  It states, in pertinent part, that the AOM is authorized for the occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955. (Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945).  

9.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This source confirms that during his tenure of assignment, the applicant’s unit (62nd AI Battalion) earned occupation of Germany credit for the period 2 May through 4 September 1945 and was credited with participation in the following campaigns of WWII:

* Ardennes-Alsace (16 December 1944-23 January 1945)
* Central Europe (22 March-11 May 1945)
* Rhineland (15 September 1944-21 March 1945)

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his record should be corrected to show award of the BSM with Oak Leaf Cluster (2nd Award), AOM, and 3 bronze service stars with his EAME campaign medal has been carefully considered and found to have partial merit.  

2.  The available evidence confirms the applicant received the CIB during WWII.  As a result, he is eligible to receive the BSM for his exemplary conduct in ground combat in the ETO from 28 November 1944 to May 1945.  Therefore, the BSM should be added to item 33 of his WD AGO Form 53-55. 

3.  The evidence also shows that during his tenure of assignment, the applicant’s unit received participation credit for the Ardennes-Alsace, Central Europe, and Rhineland campaigns of WWII and as a result, item 32 of his WD AGO Form 
53-55 should be corrected accordingly.  In addition, this campaign participation credit results in his being eligible for 3 bronze service stars with his EAME Campaign Medal.  The unit also received occupation of Germany credit and as a result, he is eligible for the AOM with Germany Clasp.  

4.  The evidence fails to show the applicant was awarded a BSM during his active duty tenure.  As a result, there is insufficient evidence to support a correction of the record to show a 2nd award of the BSM.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  _____x__  ____x___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 as follows:

a.  Item 32 – add the Ardennes-Alsace campaign; and 

   b.  Item 33 – delete the current European-African-Middle Eastern Campaign Medal with 2 bronze service stars entry and replace it with the entry “European-African-Middle Eastern Campaign Medal with 3 bronze service stars” and add the Bronze Star Medal and Army of Occupation Medal with Germany Clasp.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to adding a 2nd award of the Bronze Star Medal.  



      _______ _   __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)                                         AR20110013274



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ABCMR Record of Proceedings (cont)                                         AR20110013274



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