IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110015871
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 WD AGO Form 53-55 (Honorable Discharge) in:
* item 32 (Battles and Campaigns) to add the Battle of the Bulge campaign
* item 33 (Decorations and Citations) to add the Bronze Star Medal
2. The applicant states, in effect, the Battle of the Bulge campaign and the Bronze Star Medal were not annotated on his WD AGO Form 53-55.
3. The applicant provides copies of his Honorable Discharge Certificate and his WD AGO Form 53-55.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants 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 records show he enlisted in the Enlisted Reserve Corps on 2 June 1943 and entered active duty on 3 January 1944. He served with Company B,
284th Engineer Combat Battalion and held military occupational specialty 345 (Truck Driver). The highest grade/rank he attained while serving on active duty was private first class/E-3.
4. He was honorably discharged from active duty on 27 March 1946. Item 32 of his WD AGO Form 53-55 shows the Ardennes, Central Europe, and Rhineland campaigns. Item 33 shows the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal.
5. There is no evidence in his available records, nor has the applicant provided evidence, such as formal recommendations or announcement in orders to show he was awarded or recommended for the Bronze Star Medal.
6. Research shows that the The Battle of the Bulge, also known as the Ardennes Offensive, took place from 16 December 1944 to 25 January 1945.
7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the applicant's unit, Company B, 284th Engineer Combat Battalion, was authorized campaign credit for Ardennes-Alsace from (16 December 1944 to 25 January 1945), Central Europe (22 March to 11 May 1945), and Rhineland (15 September 1944 to
21 March 1945.
8. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant was a participant in the Battle of the Bulge; however, battles are not counted as campaigns. The Ardennes campaign credit is awarded to Soldiers who participated in the Battle of the Bulge, and this campaign is already reflected on his WD AGO Form 53-55.
2. With respect to the Bronze Star Medal, the governing Army Regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required. In the absence of official orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation during World War II. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20110015548
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110015871
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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