IN THE CASE OF:	  

		BOARD DATE:  19 July 2012

		DOCKET NUMBER:  AR20120006958 


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, through his Member of Congress, award of the Bronze Star Medal based on award of the Combat Infantryman Badge. 

2.  The applicant states he was awarded the Combat Infantryman Badge which should warrant award of the Bronze Star Medal.

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separations) and Honorable Discharge 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 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 his 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 25 February 1943 and he entered active service in Roanoke, VA, on 3 March 1943.  This form also shows he was assigned to Company I, 319th Infantry Regiment.

4.  His WD AGO Form 53-55 also shows he served in the European Theater of Operations from 16 September 1943 to 28 January 1946.  He completed 
6 months and 8 days of service in the continental United States and 2 years,
4 months, and 29 days of foreign service.  He was honorably discharged on 8 February 1946.

5.  Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge.

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in three campaigns during World War II (WWII):  Northern France, Rhineland, and Central Europe.

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the World War II Victory Medal, European-African-Middle Eastern Campaign Medal, and Good Conduct Medal.

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

	a.  The Bronze Star Medal is awarded to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

	b.  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.  The regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining and establishing the eligibility of individuals for campaign participation credit, assault landing, unit citation emblems, and occupation duty credit during World War II and the Korean War.  This pamphlet shows the 319th Infantry was awarded occupation credit for Germany from 2 May to 30 October 1945. 

10.  Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.

2.  His records show he participated in three campaigns during his service in WWII.  Therefore, he is entitled to three bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.

3.  His unit of assignment during WWII received occupation credit for Germany during his tenure with the unit; therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show it.

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:

   a.  awarding him the Bronze Star Medal for the period from 16 September 1943 to 7 May 1945 based on award of the Combat Infantryman Badge; and
   
	b.  adding to his WD AGO Form 53-55 the Bronze Star Medal, Army of Occupation Medal with "Germany" Clasp, and three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.



      __________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)                                         AR20120006958





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ABCMR Record of Proceedings (cont)                                         AR20120006958



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