IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110021585
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 records to show award of the Bronze Star Medal for his service during World War II (WWII).
2. The applicant states the Bronze Star Medal was authorized for those who had received the Combat Infantryman Badge.
3. The applicant provides a copy of his WD AGO Form 58-55 (Enlisted Record and Report of Separation Honorable Discharge).
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 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 58-55 shows in:
a. item 6 (Organization) Headquarters Company, 7th Armored Infantry Battalion,
b. item 7 (Date of Separation) 8 January 1946,
c. item 24 (Date Entry into Active Service) - 13 February 1943,
d. item 31 (Military Qualification and Date) - Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Carbine Bar, and the Expert Marksmanship Qualification Badge with Pistol, Rifle, Submachine Gun, and Mortar Bars,
e. item 32 (Battles and Campaigns) Ardennes, Rhineland, and Central Europe Campaigns,
f. item 33 (Decorations and Citations): - two Overseas Service Bars, American Campaign Medal, European-African-Middle Eastern Theater Ribbon with three bronze battle stars, the Army Good Conduct Medal, Purple Heart, and the World War II Victory Medal; and
g. item 36 (Service Outside Continental U.S. and Return) 19 November 1944 to 27 December 1945 European Theater of Operations.
4. 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:
1. The applicant was awarded the Combat Infantryman Badge. Accordingly, he is entitled to award of the Bronze Star Medal based on award of the CIB.
2. In view of the foregoing, his WD AGO Form 58-55 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 awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; and adding the medal to Item 33 of his WD AGO Form 53-55.
____________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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110021585
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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