IN THE CASE OF:	  

		BOARD DATE:	  10 May 2012

		DOCKET NUMBER:  AR20110022328 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Bronze Star Medal and any other decorations he is entitled to receive.

2.  The applicant states he has the Bronze Star Medal, Purple Heart, and Combat Infantryman Badge in his possession.  He was separated on a partial service record. 

3.  The applicant provides his WD AGO Form 53-55, Honorable Discharge Certificate, and WD AGO Form 100 (Army of the United States - Separation Qualification Record).

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, the applicant provided his WD AGO Form 53-55 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 July 1944 and he entered active duty on that date at Fort Sheridan, IL.  At the time of separation he held military occupational specialty 055 (General Clerk) and he was assigned to the 3047th Quartermaster Grave Registration Company. 

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 1 January 1945 and arrived in the European-African Middle Eastern (EAME) Theater of Operations on 8 January 1945.  He departed the EAME Theater of Operations on 23 August 1945 and arrived back in CONUS on 5 September 1945.  

5.  On 16 March 1946, he was honorably discharged by reason of disability at Deshon General Hospital, Butler, PA.  He completed 11 months and 18 days of continental service and 8 months and 4 days of foreign service.

6.  The WD AGO 53-55 he was issued shows in:

* Item 31 (Military Qualifications) the Combat Infantryman Badge
* Item 32 (Battles and Campaigns) he participated in the Rhineland and Ardennes campaigns
* Item 33 (Decorations and Citations) the European-African Middle Eastern Service Medal, World War II Victory Medal, and the Purple Heart

7.  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.

8.  Army Regulation 600-8-22 contains the regulatory guidance on the European-African-Middle Eastern Campaign Medal.  It states that a bronze service star is authorized with this award for each campaign a member is credited with participating in.  

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and the Korean War.  This pamphlet shows the 3074th Quartermaster Grave Registration Company, the unit he was assigned to during his service in the European-African-Middle Eastern Theater of Operations, received occupation credit for Germany during the period 2 May to 14 August 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge; therefore, his WD AGO Form 53-55 should be corrected to show this award.

2.  He participated in two campaigns while serving in World War II.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded European-African Middle Eastern Campaign Medal and correction of his WD AGO Form
53-55 accordingly.

3.  His unit received occupation credit for Germany during the period he was assigned to the unit; therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his WD AGO Form 53-55 accordingly.

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 amending his WD AGO Form 53-55 as follows:

* deleting from item 33 the European-African-Middle Eastern Campaign Medal 
* adding to item 33 the Bronze Star Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, and the Army of Occupation Medal with Germany Clasp
* issuing the applicant the European-African-Middle Eastern Campaign Medal with two bronze service stars, and the Army of Occupation Medal with Germany Clasp



      _______ _   _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)                                         AR20110022328



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ABCMR Record of Proceedings (cont)                                         AR20110022328



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