IN THE CASE OF:	  

		BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130002019 


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, award of the Bronze Star Medal, Combat Infantryman Badge, and the Glider Badge and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show these awards. 

2.  The applicant states, in effect, he should be awarded these awards for his service during World War II.  He received a letter from the National Personnel Records Center (NPRC) that stated they could not issue him these awards as he did not have any records; they were burned in the fire of 1973.

3.  The applicant provides his WD AGO Form 53-55, National Archives (NA) Form 13038 (Certification of Military Service), two certificates, two letters, and a photograph.

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 for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the applicant provided his WD AGO Form 53-55 and NA Form 13038 which are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States (AUS) on 19 October 1944 and he entered active duty on that date at Newark, New Jersey.  At the time of separation, he held military occupational specialty 745 (Rifleman) and he was assigned to Company E, 325th Glider Infantry Regiment. 

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 1 March 1945 and arrived in the United Kingdom on 9 March 1945.  It also shows he departed the European-African Middle Eastern (EAME) Theater of Operations on 29 December 1945 and arrived back in CONUS on 3 January 1946.  

5.  On 19 June 1946, he was honorably discharged from the AUS at Fort Bragg, NC, to enlist in the Regular Army (RA).  He completed 9 months and 26 days of continental service and 10 months and 3 days of foreign service during this period of service.

6.  The WD AGO 53-55 he was issued shows in:

* Item 31 (Military Qualifications and Date (i.e. infantry, aviation and marksmanship badges, etc.)) the entry "Gliderist"
* item 32 (Battles and Campaigns) he participated in the Central Europe and Rhineland campaigns
* item 33 (Decorations and Citations) the European-African Middle Eastern Service Medal with 2 bronze service stars, Combat Infantryman Badge, Army Good Conduct Medal, World War II Victory Medal, and the Army of Occupation Medal (Germany)

7.  The NA Form 13038, dated 22 February 2002, he was issued shows he was honorably discharged from the RA on 19 September 1947.  He completed 1 year, 2 months, and 29 days of creditable active service during this period of service.

8.  Army Regulation 600-8-22 (Military Awards) 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.  Award of the Glider Badge was discontinued effective 3 May 1961.  The regulation authorizes wear of the Glider Badge if the individual met the eligibility requirements then in effect.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Combat Infantryman Badge during his service in World War II; therefore, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

2.  The Combat Infantryman Badge is shown on his WD AGO Form 53-55; therefore, it would be appropriate to issue him this badge. 

3.  Item 31 of his WD AGO Form 53-55 contains the entry "Gliderist" so it is reasonable to presume he was awarded the Glider Badge and this entry should have been listed as the Glider Badge vice Gliderest.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 accordingly

4.  With respect to the Glider Badge, award of the Glider Badge was discontinued in May 1961 and is no longer in the Army inventory.  Therefore, this badge cannot be issued to the applicant.  

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:

* awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge for the period 9 March through 29 December 1945
* deleting the entry in item 31 of his WD AGO Form 53-55 and replacing it with the entry "Glider Badge"
* adding to his WD AGO Form 53-55 the Bronze Star Medal 
* issuing the applicant the Bronze Star Medal and the Combat Infantryman Badge



      _______ _   _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)                                         AR20130002019





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ABCMR Record of Proceedings (cont)                                         AR20130002019



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