IN THE CASE OF:	

		BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120005474 


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 records be corrected to show:

* Award of the Bronze Star Medal with a "V" Device 
* that he served during a third campaign in World War II (WW II)

2.  The applicant states he would like something to show his Bronze Star Medal was awarded with the "V" Device (for valor).  His Bronze Star Medal was awarded for actions during the Ardennes-Alsace campaign.  However, he was discharged prior to the Ardennes-Alsace campaign being formally recognized as a campaign. 

3.  The applicant provides copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge); Honorable Discharge Certificate; 100th Infantry Division General Order Number 77; a 100th Infantry Division Association Newsletter, dated 2011; a 100th Infantry Division Association 2011 Directors and Committees listing; and a copy of a description of the "V" Device.

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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.

3.  His WD AGO Form 53-55 shows:

	a.  service on active duty from 14 March 1944 through 17 May 1946;

	b.  assignment to Company E, 397th Infantry Regiment;

	c.  service in the European Theater of Operations from 20 October 1944 through 5 May 1946;

	d.  participation in two campaigns, Rhineland and Central Europe; and

	e.  award of the European-African-Middle Eastern Theater Campaign Ribbon (Medal), Good Conduct Medal, Distinguished Unit Badge, World War II Victory Medal, Bronze Star Medal, Army of Occupation Medal with Germany Clasp, Marksman Marksmanship Qualification Badge, and the Combat Infantryman Badge.

4.  100th Infantry Division General Order Number 77, dated 1 April 1945, awarded the applicant the Bronze Star Medal for heroic actions against the enemy on 9 January 1945 during the action in defense of Rimling, France (during the Battle of the Bulge).

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows Company E of the 397th Infantry Regiment is credited with participation in three campaigns, including the Ardennes-Alsace campaign, which is not listed on the applicant’s discharge document.  

6.  Army Regulation 600-8-22 (Military Awards) provides:

	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 is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during WW II;

	b.  the bronze "V" Device was created in late 1944 to denote an award made for heroism (valor);

	c.  a Bronze Oak Leaf Cluster is issued to denote award of second and succeeding awards of decorations including the Bronze Star Medal; and

	d.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the European-African-Middle Eastern Theater Campaign Medal.  Based on the applicant's dates of service, Appendix B indicates he participated in the following three campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal for heroic actions on 9 January 1945 and he is authorized to wear a "V" Device on that medal.  

2.  In addition to the Bronze Star Medal with "V" Device noted above, the applicant is authorized a second Bronze Star Medal by virtue of having received a Combat Infantryman Badge during WW II.

3.  The applicant's Bronze Star Medal with "V" Device was awarded for actions during the Ardennes-Alace campaign.  This campaign is not included on his
WD AGO Form 53-55.

4.  Based on the above facts and findings the applicant's records should be corrected as shown below. 



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 by:

	a.  showing he participated in three campaigns to include the Ardennes-Alace campaign;

	b.  deleting the Bronze Star Medal and replacing it with the Bronze Star Medal with "V" Device and one Oak Leaf Cluster; and

	c.  deleting the European-African-Middle Eastern Theater Campaign Medal and replacing it with European-African-Middle Eastern Theater Campaign Medal with three bronze service stars.



      ________________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)                                         AR20120005474



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ABCMR Record of Proceedings (cont)                                         AR20120005474



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