IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110024299 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show award of the Bronze Star Medal (BSM), BSM (Normandy Campaign), BSM (Northern France Campaign), Army Good Conduct Medal (AGCM), and European-African-Middle Eastern (EAME) Theater Campaign Ribbon (currently known as the EAME Campaign Medal).  (It appears he is referring to a bronze service star instead of the BSM when he mentions the two campaigns.)

2.  The applicant states awards were missing from his WD AGO Form 53-55.

3.  The applicant provides:

* WD AGO Form 53-55
* Honorable Discharge Certificate
* DA Form 4980-5 (Bronze Star Medal) Certificate

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 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 applicant’s 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 shows he was inducted into the Army of the United States on 18 May 1943, and entered active service on 1 June 1943.  At the time of separation, he held military occupational specialty 610 (Cannoneer).   The highest rank he attained while serving on active duty was private first class/E-3.

4.  The applicant‘s WD AGO Form 53-55 shows he served in the EAME Theater from 29 June 1944 through 17 January 1945, where he was assigned to Company D, 134th Infantry Regiment. 

5.  The applicant completed 1 year, 4 months, and 18 days of continental service and 7 months and 17 days of Foreign Service.  

6.  Item 55 (Remarks) of the applicant’s WD AGO Form 53-55 shows he had no lost time.

7.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 show Battles and Campaigns as unknown.

8.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 shows he was awarded or authorized the EAME Theater Campaign Ribbon.

9.  Item 4 (Arm or Service) shows his branch of service as Infantry; item 30 (Military Occupational Specialty and Number) shows his military occupational specialty (MOS) as Cannoneer, MOS 610; and item 31 (Military Qualification and Date) shows award of the Expert Infantryman Badge but not the Combat Infantryman Badge.  

10.  The applicant’s WD AGO Form 53-55 shows he was honorably discharged with a Certificate of Disability on 6 June 1945.

11.  The applicant’s Honorable Discharge Certificate contains the statement:

The records show that at induction this soldier stated that he had completed 4 years of college; further, that he is entitled to the Good Conduct Medal and to two bronze service stars for participation in the Normandy and Northern France Campaigns.  So much of this certificate which shows otherwise is erroneous.

12.  The applicant provided a BSM certificate showing he was awarded the BSM on 19 July 1988 for meritorious achievement in ground combat against the armed enemy during World War II in the European-African-Middle Eastern Theater of Operations.

13.  Army Regulation 600-8-22  (Military Awards) states the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  Appendix B shows that during his service in the EAME Theater, his unit’s campaign participation credit included:

* Normandy (6 June – 24 July 1944)
* Northern France (25 July – 14 September 1944)

14.  Army Regulation 600-8-22 provides for wear of a bronze service star for each campaign participation credit, to be worn on the appropriate campaign/service medal to include the European-African-Middle Eastern Campaign Medal.

15.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

16.  Army Regulation 600-68 (Army Good Conduct Medal), in effect at the time, stated the (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records during the required period of service disclosed a conviction by any court-martial or to one whose character or efficiency was rated below "excellent."  The fact that an enlisted man was entitled to an (AGCM) or clasp would be noted under "remarks" of the discharge certificate.

17.  Army Regulation 600-8-22 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.

18.  The Military Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

* Light machine gunner (604)
* Heavy machine gunner (605)
* Platoon sergeant (651)
* Squad leader (653)
* Rifleman (745)
* Automatic rifleman (746)
* Heavy weapons NCO (812)
* Gun crewman (864)

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the BSM, BSM (Normandy Campaign), BSM (Northern France Campaign) (taken to mean bronze service stars for those two campaigns), AGCM, and EAME Theater Campaign Ribbon to his WD AGO Form 53-55 was carefully considered and found to have partial merit.

2.  The evidence of record confirms he served honorably during the period           1 June 1943 through 6 June 1945.  He completed honorable service in World War II, he had no lost time, and his Honorable Discharge Certificate indicates he was eligible for the AGCM.  Taken together, it is accepted that the applicant met the eligibility criteria for award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) based on his completion of a qualifying period of Federal military service from 1 June 1943 through 6 June 1945 and to correct his WD AGO Form 53-55 to show this award.

3.  The available evidence shows the applicant completed a period of qualifying service for award of the EAME Campaign Medal with two bronze service stars.  Therefore, he is entitled to this medal and correction of his WD AGO Form 53-55 to show this medal with two bronze service stars:
4.  The applicant’s provided a DA Form 4980-5 awarding him the BSM, signed and dated 19 July 1988.  His records are void of orders or any other documents that indicated he was ever recommended for or awarded the BSM.  The wording on the form is standard when the BSM is awarded based upon award of the Combat Infantryman Badge; however, the available records do not show that the applicant had been awarded the Combat Infantryman Badge.  In the absence of BSM orders or evidence the applicant had been awarded the Combat Infantryman Badge, there is insufficient evidence to add the BSM to his WD AGO Form 53-55. 

5.  The available evidence shows the applicant completed a period of qualifying service for award of the World War II Victory Medal.  Therefore, he is entitled to this medal and correction of this WD AGO Form 53-55 to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommend for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding the applicant the AGCM (first award) for the period 1 June 1945 through 6 June 1945, and  

   b.  Adding the following awards to item 33 of his WD  AGO Form 53-55: 

(1) AGCM (1st award)

     (2) the European-African-Middle Eastern Campaign Medal with two bronze service stars; and 

(3) the World War II Victory Medal.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Bronze Service Medal to 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)                                         AR20110024299



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ABCMR Record of Proceedings (cont)                                         AR20110024299



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