IN THE CASE OF:
BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004675
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 to be awarded the Bronze Star Medal.
2. The applicant states he was awarded the Combat Infantryman Badge during World War II (WWII).
3. The applicant provides a copy of his WD AGO Form 53-55 (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 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 his records were lost or destroyed in that fire. This case is being considered based on his WD AGO Form 53-55 which is mostly illegible.
3. His WD AGO Form 53-55 shows:
a. he was inducted into the Army of the United States on 24 November 1943 and entered active duty on 15 December 1943;
b. he was assigned to Company G, 142nd Infantry, and served in the European theater of operations from 12 August 1944 until on or about 10 February 1946;
c. he earned the Combat Infantryman Badge and a Marksman Marksmanship Qualification Badge;
d. he participated in the Rome-Arno, Rhineland, and Central Europe campaigns and was awarded or authorized the Purple Heart, WWII Victory Medal, and European-African-Middle Eastern (EAME) Campaign Medal with three bronze service stars; and
e. he was honorably discharged on 16 February 1946.
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military 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 for the Bronze Star Medal. 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.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for WWII. This pamphlet shows the 142nd Infantry Regiment was awarded the Distinguished Unit Citation (now known as the Presidential Unit Citation) for the period 19-22 March 1945 by War Department General Orders Number 37, dated 1946.
6. Department of the Army Pamphlet 672-1 also shows the 142nd Infantry Regiment received occupation credit for Germany for the period 2 May-31 October 1945.
DISCUSSION AND CONCLUSIONS:
1. Based on award of the Combat Infantryman Badge, the applicant met the criteria for award of the Bronze Star Medal. Therefore, he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award.
2. The evidence shows he was assigned to a unit at the time it was awarded credit for the occupation of Germany. Therefore, his WD AGO Form 53-55 should be corrected to show the Army of Occupation Medal with Germany Clasp.
3. His unit was awarded the Distinguished Unit Citation (now known as the Presidential Unit Citation) at the time he was a member of the unit. This unit award should also be added to his WD AGO Form 53-55.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 based on award of the Combat Infantryman Badge and
b. adding the following awards to his WD AGO Form 53-55:
* Bronze Star Medal
* Army of Occupation Medal with Germany Clasp
* Presidential Unit Citation
_____________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) AR20120004675
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ABCMR Record of Proceedings (cont) AR20120004675
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