BOARD DATE:  18 June 2013

		DOCKET NUMBER:  AR20120021250


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his award of the Bronze Star Medal.

2.  The applicant states that on 29 May 1945 he was recommended for award of the Bronze Star Medal for meritorious service in Europe combat missions during World War II (WWII).

3.  The applicant provides copies of his:

* WD AGO Form 53-55
* Honorable Discharge Certificate
* Letter recommendation for award of the Bronze Star Medal, dated 29 May 1945
* WD AGO Form 100 (Army of the United States Separation Qualification Records)

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 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 FSM's WD AGO Form 53-55 shows in:

	a.  item 7 (Date of Separation):  10 December 1945;

	b.  item 22 (Date of Induction):  29 October 1941;

	c.  item 31 (Military Qualification and Date)  the Expert Marksmanship Qualification Badge with Carbine Bar; 

	d.  Item 32 (Battles and Campaigns):  Ardennes, Rhineland, and Central Europe;

	e.  Item 33 (Decorations and Citations) and continued in Item 55 (Remarks) the:

* Silver Star
* Legion of Merit
* Army Good Conduct Medal
* American Defense Service Medal
* American Campaign Medal
* European-African-Middle Eastern (EAME) Campaign Medal with
3 bronze service stars
* WWII Victory Medal

	f.  Item 36 (Service Outside Continental U.S. and Return):  29 September 1944 to 21 November 1945 in the European Theater.

4.  The applicant provides a copy of a Headquarters, Battery A, 924th Field Artillery Battalion memorandum, pertaining to the applicant, subject:  


Recommendation for Award.  The memorandum and the accompanying proposed citation shows that while the applicant was assigned to the 924th Field Artillery Battalion, he was recommended for award of the Bronze Star Medal for meritorious service in actual combat during the period 10 November 1944 through 8 May 1945.  The recommendation was approved on 27 June 1945 by the 99th Division Artillery Commander, a brigadier general.  There is no available record showing orders were published awarding the applicant the award.  The document bears a stamped endorsement of authenticity signed by a Veterans Administration official.

5.  Army Regulation 600-8-22 (Military Awards) states 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.  

6.  Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is awarded is awarded for service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service) while assigned to the Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955.  Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany."

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows World War II units that are authorized occupation credit.  This pamphlet shows the 924th Field Artillery Battalion received occupation credit for Germany from 2 May through 31 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided an approved recommendation for the Bronze Star Medal which is accepted as authentic.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

2.  The applicant's unit in the European Theater was credited with occupation duty in Germany during his period of assignment.  Therefore, he is entitled to the Army of Occupation Medal with Germany Clasp and correction of his WD AGO Form 53-55 to show this award.
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 adding to his WD AGO Form 53-55 the:

* Bronze Star Medal
* Army of Occupation Medal with Germany Clasp



      _________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)                                         AR20100016722



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ABCMR Record of Proceedings (cont)                                         AR20120021250



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