IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120011020
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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Bronze Star Medal. He also requests that the BSM and World War II Victory Medal be sent to him.
2. The applicant states he received the BSM but it is not listed on his WD AGO Form 53-55.
3. The applicant provides copies of:
* Letter from the National Personnel Records Center, dated 5 September 2011
* A hand written sheet indicating award of several bronze service stars
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. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63132-5200. This issue will not be further addressed in this Record of Proceedings.
3. The applicant's service record shows that he entered active duty on
2 December 1942. He served in the European-African-Middle Eastern Theater of Operations from 30 January 1944 to 19 November 1945. On 4 December 1945, he was discharged.
4. The applicant's WD AGO Form 53-55 shows he served in five battle campaigns and received the following awards:
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal
* Good Conduct Medal
* World War II Victory Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Lapel Button
5. Army Regulation 600-8-22 (Military Awards):
a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. A bronze service star is worn on the appropriate service ribbon, to include the European-African-Middle Eastern Campaign Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form 53-55 should be corrected to show award of the Bronze Star Medal.
2. There are no available general orders that show the applicant was awarded the Bronze Star Medal. The evidence provided by the applicant appears to refer to awards of several bronze service stars, which may have been confusing for the applicant.
3. Records show that the applicant participated in five campaigns during his service in the European Theater of Operations. Therefore, he is eligible for award of a silver service star to be affixed to his European-African-Middle Eastern Campaign Medal.
4. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of their service in arms.
5. Evidence shows that the applicants records contain an administrative error which does not require action by the Board. Therefore, administrative correction of the applicants records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board determined that an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by:
a. deleting from his WD AGO Form 53-55: "EAMETO MED"; and
b. adding to his WD AGO Form 53-55: European-African-Middle Eastern Campaign Medal with 1 silver service star.
_______ _ _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) AR20120011020
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120011020
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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