IN THE CASE OF:	  

		BOARD DATE:	  23 February 2012

		DOCKET NUMBER:  AR20110014403 


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 award of the Bronze Star Medal based on his award of the Combat Infantryman Badge.  He also requests the Distinguished Unit Citation be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge).

2.  The applicant states he was awarded the Combat Infantryman Badge.  He was part of the 1st Battalion's landing in southern France on 15 August 1944.

3.  The applicant provides:

* his WD AGO Form 53-55
* his Honorable Discharge Certificate
* an undated letter from C__l S___m
* a letter, dated 20 June 2011, from the National Personnel Records Center, St. Louis, MO

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 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 applicant's records were lost or destroyed in that fire.  The only record available to this Board is the applicant's WD AGO Form 53-55 and it is sufficient for the Board to conduct a fair and impartial review of this case.

3.  He was inducted into the Army of the United States on 16 February 1943 and entered active duty on 23 February 1943.  

4.  He arrived in North Africa on 14 August 1943.  He participated in five campaigns and he returned to the United States on 11 November 1945.  He was honorably discharged on 16 November 1945.

5.  Item 6 (Organization) of his WD AGO 53-55 shows his last unit was Company C, 141st Infantry Regiment, 36th Division.  Item 31 (Military Qualification and Date) indicates he was awarded the Combat Infantryman Badge.  Item 33 (Decorations and Citations) does not show the Bronze Star Medal or the Distinguished Unit Citation.  However, it does show he is authorized the European-African-Middle Eastern Campaign Medal and the "Bronze Arrowhead Medal."

6.  His discharge certificate indicates his unit as Company C, 141st Infantry Regiment, 36th Division.

7.  Information received from the Center of Military History indicates that during World War II, in infantry regiments, Companies A, B, C, and D were assigned to the 1st Battalion.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II.  The 1st Battalion, 141st Infantry Regiment, 36th Infantry Division is shown as being awarded the Distinguished Unit Citation (now known as the Presidential Unit Citation (Army)) for the period 15 - 16 August 1944.  

9.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provides in paragraph 24 that item 6 of the WD AGO Form 53-55, be completed as follows:  "Enter the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.  Assignments to units for the purpose of transfer from a theater to the United States are considered part of the movement to a separation activity."

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 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  One bronze service star is authorized for each campaign served.  A silver service star is authorized instead of five bronze service stars.

	c.  The arrowhead is a bronze replica of an Indian arrowhead and will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The arrowhead is authorized for wear on the European-African-Middle Eastern Campaign Medal.  

4.  Information from the U.S. Army Center of Military History shows Company C of infantry units were assigned to the 1st Battalion.

DISCUSSION AND CONCLUSIONS:

1.  He was awarded the Combat Infantryman Badge.  He was discharged prior to the provision that authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is entitled to the award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.
2.  His WD AGO Form 53-55 shows he participated in five campaigns during his service in the ETO.  Therefore, he is entitled to one silver service star for wear on his European-African-Middle Eastern Campaign Medal.  

3.  The bronze arrowhead is listed incorrectly on his WD AGO 53-55.  The arrowhead is a device worn on the appropriate service medal.  In this case it would be worn on is European-African-Middle Eastern Campaign Medal.  Therefore, it is appropriate to correct his WD AGO 53-55 to show he is authorized the European-African-Middle Eastern Campaign Medal with arrowhead device and one silver service star.

4.  Information from the U.S. Army Center of Military History shows his company was assigned to the 1st Battalion, 141st Infantry Regiment.  Department of the Army Pamphlet 672-1 indicates his unit was awarded the Distinguished Unit Citation (i.e., the Presidential Unit Citation (Army)).  Therefore, this award should be added to his WD AGO Form 53-55.

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:

	a.  awarding him the Bronze Star Medal based on his award of the Combat Infantryman Badge;

	b.  amending item 33 of his WD AGO 53-55 by:

		(1)  deleting the European-African-Middle Eastern Campaign Medal and the Bronze Arrowhead Medal; and


		(2)  adding the:

* Bronze Star Medal
* Presidential Unit Citation (Army)
* European-African-Middle Eastern Campaign Medal with arrowhead device and one silver service star



      ____________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)                                         AR20110014403



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ABCMR Record of Proceedings (cont)                                         AR20110014403



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