BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110022027 


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 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Bronze Star Medal, High Speed Radio Operator Course, Foreign Area and Language Course, and the French Language and Civilization Advanced Course.

2.  The applicant states the medal and the courses were erroneously left off of his separation document.  He earned the Bronze Star Medal and he completed the three courses while serving in the Army during World War II (WWII).

3.  The applicant provides a WD AGO Form 53-55, orders for the Bronze Star Medal, and three course completion certificates.

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 complete 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 his records were lost or destroyed in that fire.  This case is being considered based on the documents provided by the applicant.

3.  The applicant's WD AGO Form 53-55 indicates:

	a.  He was inducted into the Army on 4 November 1942 and he entered active service on 11 November 1942.

	b.  He was assigned to Headquarters Company, 3rd Battalion, 222nd Infantry and he served in the European Theater of Operations (ETO) from 9 December 1944 to 9 January 1946.

	c.  He earned the Expert Marksmanship Qualification Badge with Rifle Bar on 9 April 1944 and the Combat Infantryman Badge on 29 January 1945.

	d.  He participated in the Central Europe and Rhineland campaigns and he was awarded the American Service Medal, European-African-Middle Eastern (EAME) Campaign Medal, Army Good Conduct Medal, and the World War II Victory Medal.

	e.  He completed the Radio Operator School which he attended for 13 weeks in 1943.

	f.  He was honorably discharged on 25 January 1946.

4.  He provides a citation for award of the Bronze Star Medal issued by Headquarters, 42nd (Rainbow) Infantry Division, Office of the Commanding General, dated 21 December 1945, that shows he was awarded the Bronze Star Medal for meritorious achievement in action during the period 20 - 21 January 1945.  The citation is signed by Major General H---- J. C------, the Commanding General.

5.  The applicant also provides course completion certificates that show he completed the following Army service courses:

	a.  The CW (Continuous Wave) Radio Operators' Course that he attended during the period 7 December 1942 - 26 February 1943 (8 weeks) and qualified as a High Speed Radio Operator;

	b.  The Foreign Area and Language Course (unknown duration) on 31 March 1944; and

	c.  The French Language and Civilization Advanced Course (unknown duration) on 17 December 1945.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and of campaign participation credits for World War II (WWII).  This pamphlet shows the 222nd Infantry Regiment received occupation credit for Germany for the period 2 May - 
14 August 1945.

7.  Army Regulation 600-8-22 (Military Awards) states:

	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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during WWII.

	b.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  A citation signed by the Commanding General of the 42nd Infantry Division awarded the Bronze Star Medal to the applicant for meritorious achievement in action during the period 20 - 21 January 1945.  Therefore, his WD AGO Form
53-55 should be corrected to show this award.

2.  Records show his was awarded the Combat Infantryman Badge.  The regulation provides that the Bronze Star Medal is to be awarded to individuals who were authorized this badge for service during WWII.  Therefore, he is entitled to a second 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.

3.  Evidence shows his unit of assignment during WWII received occupation credit for service in Germany.  Therefore, his WD AGO Form 53-55 should be corrected to show the Army of Occupation Medal with Germany Clasp.

4.  He provided evidence that shows he completed the CW Radio Operators' Course (qualified as a High Speed Radio Operator), the Foreign Area and Language Course, and the French Language and Civilization Advanced Course during his active duty tenure.  Therefore, item 41 (Service Schools) of his WD AGO Form 53-55 should also be corrected by adding these military service schools.

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.  awarding him the Bronze Star Medal effective 29 January 1945, based on award of the Combat Infantryman Badge;

	b.  adding to item 33 of his WD AGO Form 53-55 the:

* Bronze Star Medal (2nd award)
* Army of Occupation Medal with Germany Clasp

	c.  adding to item 41 of his WD AGO Form 53-55 the:

* CW Operators' Course, 8 weeks, 1943
* Foreign Area and Language Course, 1944
* French Language and Civilization Advanced Course, 1945



      _________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)                                         AR20110022027



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ABCMR Record of Proceedings (cont)                                         AR20110022027



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