IN THE CASE OF:	  

		BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120004835 


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, the son of a deceased former service member (FSM), requests award of the Bronze Star Medal to his late father and its addition to his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

2.  The applicant states his father was awarded the Combat Infantryman Badge during World War II.

3.  The applicant provides:

* FSM's WD AGO Form 53-55
* letter from the Army Review Boards Agency, dated 10 February 2012
* his Certificate of Live Birth

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 FSM’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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and that provided by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  The FSM’s available military record shows he was inducted into the Army of the United States on 10 November 1942 and he entered active service on 24 November 1942.  He completed training in military occupational specialty 745 (Rifleman).  He served overseas in the European Theater of Operations (ETO) from 16 May 1944 to 7 August 1945 with Company A, 14th Armored Infantry.

4.  The FSM was honorably discharged on 5 November 1945 for the convenience of the government at demobilization in the rank of private first class (PFC).  He completed 1 year, 7 months, and 12 days of continental United States and 1 year, 3 months, and 20 days of foreign service, for a total of 2 years,
11 months, and 2 days of active service with no time lost.

5.  Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 shows award of the Combat Infantryman Badge.  Item 32 (Battles and Campaigns) shows he participated in the North Apennines, Po Valley, and Rome-Arno campaigns.  Item 33 (Decorations and Citations) shows the European-African-Middle Eastern Theater Ribbon with 3 bronze service stars and the Purple Heart.

6.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated the Bronze Star Medal was awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal was 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 was considered to be a citation in orders.  That meant, in effect, the Bronze Star Medal was to be awarded to individuals who were authorized either badge for service during World War II.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows the FSM's unit, the 14th Armored Infantry, was awarded occupation credit for the occupation of Germany from 2 May to 4 September 1945.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Army of Occupation Medal with Germany Clasp is for qualifying service that 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.

	b.  The American Campaign Medal is for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for that campaign medal included permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

	c.  The WWII Victory Medal was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirmed the FSM was awarded the Combat Infantryman Badge; therefore, he is entitled to 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.

2.  The available evidence also confirms the FSM was a member of the 14th Armored Infantry when it was cited for award of the Army of Occupation Medal with Germany Clasp.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show this award.

3.  The available evidence further shows that based on the FSM’s service during WWII, he is entitled to the American Campaign Medal and the WWII Victory Medal.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show these awards.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge for service during World War II from 16 May 1944 to 7 May 1945; and

	b.  adding to Item 33 of the FSM's WD AGO Form 53-55 the:

* Bronze Star Medal
* Army of Occupation Medal with Germany Clasp
* American Campaign Medal
* World War II Victory Medal

2.  The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.


      ____________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)                                         AR20120004835



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ABCMR Record of Proceedings (cont)                                         AR20120004835



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