BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120002983 


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 award of the Bronze Star Medal.

2.  He states he already received the Bronze Star Medal based upon his receipt of the Combat Infantryman Badge.  However, at the time of discharge the Bronze Star Medal was not annotated on his WD AGO Form 53-55.  He contends he needs this correction made to his record to be eligible for award of the French Legion of Honor from France. 

3.  He provides:

* his WD AGO Form 53-55
* a photograph
* his State of Indiana Operator License

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.  His military record is 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, there were sufficient documents available to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records which primarily consist of the applicant's WD AGO Form 53-55 provided by the National Personnel Records Center (NPRC).

3.  His WD AGO Form 53-55 contains the following pertinent information:

* he was inducted into the Army of the United States on 5 December 1942 and entered active duty on 12 December 1942
* his military occupational specialty was 745 (Rifleman)
* his unit of assignment was Company E, 376th Infantry Regiment
* he served in the European Theater of Operation from 11 August 1944 until his departure enroute to the continental U.S. (CONUS) on 22 November 1945
* he held the rank/grade of private first class at the time of separation
* he was honorably discharged on 3 December 1945 after completing a total of 2 years, 11 months, and 29 days of active military service
* he served a total of 1 year, 7 months, and 28 days in CONUS
* he served a total of 1 year, 3 months, and 24 days outside CONUS

4.  Item 31 (Military Qualification and Date) shows he was awarded the Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

5.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Northern France, Ardennes, Rhineland, Central Europe campaigns of World War II.

6.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded or authorized the American Theater Ribbon, European-African-Middle Eastern (EAME) Campaign Medal with 4 bronze service stars, Good Conduct Medal, and World War II Victory Medal.


7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	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 World War II.

	b.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  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 European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit of assignment was authorized occupation credit for Germany and, therefore, entitlement to the Army of Occupation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his WD AGO Form 53-55 should be corrected to show he was awarded the Bronze Star Medal based upon his receipt of the Combat Infantryman Badge was carefully considered and determined to have merit.

2.  The evidence clearly shows he was awarded the Combat Infantryman Badge. Therefore, he is entitled to award of the Bronze Star Medal and correction of his WD AGO 53-55 to reflect this award.  He states he was already presented the medal; therefore, he only needs the award added to his WD AGO Form 53-55.

3.  The available evidence shows he served a qualifying period for award of the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this medal.  

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 adding the Bronze Star Medal and the Army of Occupation Medal with Germany Clasp 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)                                         AR20120002983



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ABCMR Record of Proceedings (cont)                                         AR20120002983



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