IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120008853
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 grandson of a deceased former service member (FSM), requests, in effect, that the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show award of the Bronze Star Medal (BSM) with "V" Device.
2. The applicant states the FSM's records do not show the "V" Device on his already-awarded BSM.
3. The applicant provides copies of the FSM's:
* WD AGO Form 53-55
* General Orders Number 209, 80th Infantry Division, dated 17 August 1945
* Certificate of Death with information sheet concerning burial
* Certificate of Birth for FSM's daughter
* Certificate of Birth for the applicant
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 applicants 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 applicants 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 that the FSM's records were lost or destroyed in that fire. However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The FSM's WD AGO Form 53-55 indicates that:
a. he was inducted into the Army of the United States on 5 January 1944 and entered active duty on 26 January 1944;
b. he was assigned to the 319th Infantry Regiment, 80th Infantry Division;
c. he was assigned to the European Theater of Operations (ETO) and had participated in the Rhineland, Ardennes, and Central Europe campaigns;
d. he was awarded:
* Bronze Star Medal
* Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with three bronze service stars
* World War II Victory Medal
* Combat Infantryman Badge
* Lapel Button
e. he was separated on 19 December 1945.
4. General Orders Number 209, 80th Infantry Division, dated 17 August 1945 announced in Section II award of the BSM to the FSM for his heroic achievement in Luxembourg on 8 January 1945 in connection with military operations against an enemy of the United States. The citation states the FSM immediately volunteered to go to the aid of six wounded comrades who were well forward of friendly lines. He advanced over hazardous and exposed terrain through severe hostile fire to effect their evacuation. The disregard for his personal safety, courage, and devotion to duty displayed by the FSM exemplified the highest traditions of the armed forces of the United States.
5. Army Regulation 600-8-22 (Military Awards) provides that 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 also 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. The "V" Device denotes that one or more of the BSMs were for heroism.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests, in effect, correction of the FSM's WD AGO Form 53-55 to show award of the BSM with "V" Device.
2. General orders clearly show that the FSM was awarded the BSM for his heroic action on 8 January 1945.
3. In view of the above, the FSM's WD AGO Form 53-55 should be corrected to add the "V" Device on his already-awarded BSM.
4. Furthermore, the evidence clearly shows that the FSM had been awarded the Combat Infantryman Badge. Therefore, he is authorized an additional award of the Bronze Star Medal to be denoted by an oak leaf cluster.
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 based upon award of the Combat Infantryman Badge;
b. deleting from his WD AGO Form 53-55 the Bronze Star Medal, and
c. adding the Bronze Star Medal with Oak Leaf Cluster and "V" Device 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) AR20120008853
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ABCMR Record of Proceedings (cont) AR20120008853
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