IN THE CASE OF:	  

		BOARD DATE:	  25 June 2013

		DOCKET NUMBER:  AR20120021324 


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

2.  The applicant states he was awarded the Combat Infantryman Badge during the period 7 December 1941 through 2 September 1945 that qualifies him for award of the Bronze Star Medal.  A letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 13 August 2012, only recently advised him of this award.

3.  The applicant provides his WD AGO Form 53-55 and a letter from the NPRC.

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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and that provided by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  The applicant was inducted into the Army of the United States and entered active service on 27 September 1944.  

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 23 February 1945 and he arrived in Oahu, Hawaii, on 1 March 1945.  He departed Hawaii on 16 August 1946 and arrived back in CONUS on 16 August 1946.

5.  He was honorably discharged in the rank of technician five on 1 November 1946.  He completed 6 months and 27 days of CONUS service and 1 year,
6 months, and 9 days of foreign service, for a total of 2 years, 1 month, and
6 days of active service with no time lost.

6.  The WD AGO Form 53-55 he was issued at the time shows in:

* Item 31 (Military Qualification and Date) - the Combat Infantryman Badge and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Item 32 (Battles and Campaigns) - he participated in the Ryukyus campaign
* Item 33 (Decorations and Citations) the:

* Army Good Conduct Medal
* Purple Heart
* Asiatic-Pacific Theater Campaign Medal
* World War II Victory Medal
* Army of Occupation Medal with Japan clasp

* Item 55 (Remarks) - the World War II Honorable Service Lapel Button. 

7.  On 13 August 2012, the NPRC advised him of his entitlement to the:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal
* Asiatic-Pacific Campaign Medal with one bronze service star
* World War II Victory Medal
* Army of Occupation with Japan Clasp
* Combat Infantryman Badge
* World War II Honorable Service Lapel Button
* Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	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 or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  The American Campaign Medal is for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for that campaign medal included permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside CONUS as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

	c.  The Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  Qualifying service for this award includes permanent assignment 

in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.  One bronze service star is authorized for each campaign participation.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirmed the applicant was awarded the Combat Infantryman Badge; therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.

2.  The available evidence also confirms he participated in the Ryukyus campaign during World War II.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Asiatic Pacific Theater Campaign Medal and correction of his WD AGO Form 53-55 to show this bronze service star.

3.  The available evidence further shows that based on his service during World War II in Hawaii, he is entitled to the American Campaign Medal.  Therefore, his WD AGO Form 53-55 should be corrected 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:

	a.  deleting from his WD AGO Form 53-55 the Asiatic-Pacific Theater Campaign Medal;

	b.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge from 1 March 1945 to 2 September 1945; and

	c.  adding to his WD AGO Form 53-55 the:

* Bronze Star Medal
* Asiatic Pacific Theater Campaign Medal with one bronze service star
* American 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)                                         AR20120021324



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ABCMR Record of Proceedings (cont)                                         AR20120021324



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