BOARD DATE: 18 June 2013
DOCKET NUMBER: AR20120021738
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 World War II Victory Medal.
2. The applicant states:
* he never received the medal
* he was directly involved in World War II and participated in combat
3. The applicant provides a copy of his WD AGO Form 53-55.
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 complete 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 applicant's 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. His WD AGO Form 53-55 shows:
* he was inducted into the Army of the United States on 12 June 1943
* he entered active duty on 26 June 1943
* he was awarded or authorized the
* European-African-Middle Eastern Campaign Medal with four bronze service stars and bronze arrowhead device
* Army Good Conduct Medal
* Purple Heart
* Distinguished Unit Citation (now known as the Presidential Unit Citation)
* Bronze Star Medal (by authority of orders dated July 1945)
* Army Lapel Button
* Combat Infantryman Badge
* he served in the European theater of operations from 21 January 1944 until approximately 15 October 1945
* he was honorably discharged on 23 October 1945
4. His WD AGO Form 53-55 does not show the World War II Victory Medal as an authorized award.
5. Army Regulation 600-8-22 (Military Awards) states the World War II Victory Medal was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
6. Army Regulation 600-45 (Decorations), effective 13 October 1949, provided that the Bronze Star Medal was 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 for award of the Bronze Star Medal. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
DISCUSSION AND CONCLUSIONS:
1. The applicant served a period of qualifying service for award of the World War II Victory Medal. His WD AGO Form 53-55 should be corrected to show this medal.
2. His WD AGO Form 53-55 shows one award of the Bronze Star Medal. However, based on award of the Combat Infantryman Badge, he is eligible for a second award of the Bronze Star Medal. Therefore, he should be awarded the Bronze Star Medal (2nd Award) based on award of the Combat Infantryman Badge and his WD AGO Form 53-55 should be corrected to show this medal.
BOARD VOTE:
___x_____ ___x_____ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the applicant the Bronze Star Medal (2nd Award) based on award of the Combat Infantryman Badge;
b. adding award of the Bronze Star Medal (2nd Award) and World War II Victory Medal to his WD AGO Form 53-55; and
c. issuing the medals to the applicant.
__________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) AR20120021738
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ABCMR Record of Proceedings (cont) AR20120021738
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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