IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110016721
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 Medical Badge.
2. The applicant states at the time of his release from the Army many commanders were unaware of the criteria.
3. The applicant provides a letter.
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 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was inducted into the Army of the United States and entered active duty on 23 March 1943 at Fort Sheridan, IL. This form also shows at the time of separation he held military occupational specialty 861 (Medical Technician) and he was assigned to the 310th Medical Detachment, 78th Infantry Division.
4. His WD AGO Form 53-55 shows he departed the continental United States (CONUS), on 14 October 1944, and arrived in the European Theater of Operations (ETO) on 25 October 1944. He departed the ETO on 25 December 1945 and arrived back in CONUS on 4 January 1946.
5. He was honorably discharged on 11 January 1946 at Camp Grant, IL. He completed 1 year, 7 months, and 29 days of continental service and 1 year, 2 months, and 21 days of foreign service.
6. Item 31 (Military Qualifications) of his WD AGO Form 53-55 shows the Combat Medical Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar.
7. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show award of the Bronze Star Medal.
8. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant was awarded the Combat Medical Badge during World War II. Based on award of the Combat Medical Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.
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:
* awarding the applicant the Bronze Star Medal for his service in World War II based upon his award of the Combat Medical Badge
* adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal
* issuing the Bronze Star Medal to the applicant
_______ _ 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) AR20110016721
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ABCMR Record of Proceedings (cont) AR20110016721
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