BOARD DATE:  12 April 2012

	DOCKET NUMBER:  AR20110014083


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 records to show award of the Bronze Star Medal, American Campaign Medal, and the World War II (WWII) Army of Occupation Medal with Germany Clasp.

2.  The applicant states the Bronze Star Medal was authorized for those who had received the Combat Infantryman Badge.

3.  The applicant provides copies of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), his own birth certificate, and his father'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 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 FSM's records were lost or destroyed in that fire.  However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  His WD AGO Form 53-55 shows in:

	a.  item 6 (Organization) - Company H, 157th Infantry Regiment;

	b.  item 7 (Date of Separation) - 12 August 1945;

	c.  item 24 (Date Entry into Active Service) - 9 February 1942;

	d.  item 31 (Military Qualification and Date) - Combat Infantryman Badge - April 1944;

	e.  item 32 (Battles and Campaigns) - Central Europe, Naples-Foggia, Rhineland, Rome-Arno, Sicily, and Southern France Campaigns;

	f.  item 33 (Decorations and Citations): - Purple Heart, European-African-Middle Eastern Service [Campaign] Medal, and the Army Good Conduct Medal; and

	g.  item 36 (Service Outside Continental U.S. and Return) - 22 June 1943 to 24 July 1945 European Theater of Operations (ETO).

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

	a.  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.


	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 service within the continental United States for an aggregate period of one year.

	c.  A bronze service star is authorized for participation in each campaign and for wear on the European-African-Middle Eastern Campaign Medal.  A silver service star denotes participation in five campaigns.

	d.  The World War II Victory Medal is authorized for service between 
7 December 1941 and 31 December 1946, both dates inclusive.

	e.  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.

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows World War II units that are authorized occupation credit.  This pamphlet shows the 157th Infantry Regiment received occupation credit for Germany from 2 May through 14 August 1945.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was awarded the Combat Infantryman Badge.  Accordingly, he is entitled to award of the Bronze Star Medal based on award of the CIB.

2.  The FSM's WD AGO Form 53-55 shows he participated in six campaigns in the ETO.  Therefore, he is authorized one silver service star and one bronze service star to be affixed on his already-awarded European-African-Middle Eastern Campaign Medal.

3.  A further review of the available evidence shows that the FSM served during a period that qualifies him for the American Campaign Medal, the World War II Victory Medal, and the Army of Occupation Medal with Germany Clasp.  Therefore, it would be appropriate at this time to correct the FSM's WD AGO Form 53-55 to show these awards.

4.  In view of the foregoing, the FSM's WD AGO Form 53-55 should be corrected as shown below.


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.  posthumously awarding the FSM the Bronze Star Medal effective April 1944 based on award of the Combat Infantryman Badge;

	b.  deleting from item 33 of the FSM's WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal; and

	c.  adding to Item 33 of the FSM's WD AGO Form 53-55:

* Bronze Star Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with one silver service star and one bronze service star
* 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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20110014083



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