IN THE CASE OF:	  

		BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110015534 


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 record to show award of the Bronze Star Medal (BSM) and the Combat Infantryman Badge (CIB) (1st Award).

2.  He states according to the enclosed paperwork his records should be corrected to show the BSM and CIB. 

3.  He provides:  

* his WD AGO 53-55 (Enlisted Record and Report of Separation, Honorable Discharge)
* two memoranda from the National Personnel Records Center (NPRC)

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 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.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  His WD AGO 53-55 shows he was inducted into the Army of the United States on 20 March 1943 and he entered active duty on 27 March 1943.  This form also shows in:

   a.  item 31 (Military Qualifications and Date (i.e., infantry, aviation, and
marksmanship badges, etc.)), he was awarded the CIB.  

   b.  item 32 (Battles and Campaigns), he participated in the Northern
Solomons.

   c.  item 33 (Decorations and Citations), he was awarded the Asiatic-Pacific Theater Service Medal and Good Conduct Medal.

   d.  item 36 (Service Outside Continental U.S. and Return), he served in the
Southwest Pacific Theater of Operations from 9 November 1943 through 
15 December 1945.  

   e.  item 55 (Remarks), he was awarded four Overseas Service Bars and the
Army Lapel Button (correctly known as the Honorable Service Lapel Button World War II (WWII).

4.  On 7 January 1946, he was honorably discharged after completing a total of 2 years, 9 months, and 18 days of creditable active military service.  

5.  He submitted a memorandum from the NPRC, St. Louis, MO, dated 
1 November 2010, which stated he was authorized shipment of the BSM, Good Conduct Medal, Asiatic-Pacific Campaign Medal with one bronze service star, WWII Victory Medal, CIB (1st Award), and Honorable Service Lapel Button WWII.  

6.  Item 31 of his WD AGO Form 53-55 shows he was awarded of the CIB and the memorandum from NPRC shows he was issued the CIB.  Therefore, this award will not be further discussed in this Record of Proceedings.

7.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  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 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

8.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214

9.  Army Regulation 600-8-22 provides for the wear of a bronze service star on the appropriate service medal for each credited campaign.

10.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant served a qualifying period of service for award of the Bronze Star Medal based upon award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his record to show this award.

2. Evidence of record shows he participated in one campaign.  Therefore, he is entitled to have his record corrected by adding one bronze service star to his already-awarded Asiatic-Pacific Campaign Medal.

3.  Evidence of record shows he served during a period of service that authorized him award of the WWII Victory Medal.  Therefore, he is entitled to correction of his record to show this medal. 

4  The available evidence also shows the NPRC issued him the above awards.



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 53-55 the Asiatic Pacific Theater
Service Medal; 

b. awarding him the Bronze Star Medal based on the Combat Infantryman
Badge: and  

c.   providing him a DD Form 215 to add the following awards to
item 33 of his WD AGO Form 53-55: the Bronze Star Medal, Asiatic Pacific Theater Service Medal with one bronze service star, and World War II Victory 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)                                         AR20110015534



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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