IN THE CASE OF: 

		BOARD DATE:	  10 September 2013

		DOCKET NUMBER:  AR20130001726 


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 to his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Presidential Unit Citation.

2.  The applicant states his original separation document does not list the Presidential Unit Citation.

3.  The applicant provides:

* WD AGO Form 53-55
* General Orders (GO) Number 9
* A letter from the National Personnel Records Center

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 National Personnel Records Center in 1973.  It is believed the applicant’s records were destroyed in that fire.  However, a reconstructed record contains sufficient documentation and the documents 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 22 October 1942.  

4.  His available records contain the following:

* Report of Change, dated 27 October 1942, showing he was assigned to Headquarters and Headquarters Company, 1st Battalion, 338th Infantry Regiment
* Three Records of Award of Decoration, issued by the 338th Infantry Regiment, awarding him the Combat Infantryman Badge, dated 5 June 1944; Purple Heart, dated 27 September 1944; and Bronze Star Medal, dated 6 July 1945

5.  He was honorably discharged from active service, in the rank of private first class, on 7 November 1945, for the convenience of the Government at demobilization.  He completed 1 year, 2 months, and 13 days of continental service and 1 year, 10 months, and 3 days of foreign service.  

6.  Item 6 (Organization) of his WD AGO Form 53-55 lists Troop F, 91st Cavalry Reconnaissance Squadron.  Item 31 (Military Qualification and Date) of this form lists the 1st Class Gunner Qualification Badge, Combat Infantryman Badge, and Marksman Marksmanship Qualification Badge with Carbine Bar. 

7.  Item 32 (Battle and Campaigns) of his WD AGO Form 53-55 shows he participated in the Rome-Arno, Northern Apennines, and Po Valley campaigns.

8.  Item 33 (Decorations and Citations) of this form lists the:

* European-African-Middle Eastern Campaign Medal with 3 bronze service stars
* Army Good Conduct Medal
* Purple Heart
* Bronze Star Medal issued by GO Number 64 by Headquarters, 86th Infantry Division on 6 July 1945

9.  Item 36 (Service Outside Continental U.S. and Return) of his WD AGO Form 53-55 lists the European Theater of Operations from 7 January 1944 to 12 October 1945.  Item 55 (Remarks) of this form lists the Honorable Lapel Button.

10.  He provides a copy of GO Number 9, dated 21 October 1947, which cited award of battle honors to the 338th Infantry Regiment for the period 
13-18 September 1944.

11.  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 one year.

   c.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the Presidential Unit Citation was awarded to the 338th Infantry Regiment, 85th Infantry Division, during the period 13 to 
18 September 1944, by Department of the Army General Orders Number 9, dated 1947.

DISCUSSION AND CONCLUSIONS:

1.  General orders confirm the applicant's unit was awarded the Presidential Unit Citation.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this unit award.

2.  The available evidence shows he completed a qualifying period of service for the American Campaign Medal and World War II Victory Medal.  Therefore, he is entitled to these awards and their addition to his WD AGO Form 53-55.

3.  The available evidence confirmed he awarded the Combat Infantryman Badge; therefore, he is entitled to a second 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.

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:

* awarding the applicant the Bronze Star Medal (2nd award) based on award of the Combat Infantryman Badge
* deleting from his WD AGO Form 53-55 the Bronze Star Medal
* adding to his WD AGO Form 53-55 the:


* Bronze Star Medal (2nd Award)
* Presidential Unit Citation
* American Campaign Medal
* World War II Victory 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)                                         AR20130001726



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ABCMR Record of Proceedings (cont)                                         AR20130001726



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