IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130005172
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 Bronze Star Medal.
2. The applicant states he only recently learned of the retroactive authorization for award of the Bronze Star Medal based on award of the Combat Infantryman Badge.
3. The applicant provides:
* Certificate of training
* WD AGO 53-55
* internet printout related to the Bronze Star Medal
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 that his records were lost or destroyed in that fire. The following information was derived from documents furnished by the applicant and obtained through other sources available to the ABCMR.
3. The applicant's available military records show he was inducted into the Army of the United States on 8 August 1944. He was awarded military occupational specialty 610 (Squad Leader) and he was promoted to the rank of sergeant.
4. On 16 October 1946, the applicant was honorably discharged after completing 2 years, 2 months, and 9 days of active service.
5. His WD AGO Form 53-55 shows in:
* Item 6 (Organization) - "Co F 9th Inf"
* Item 31 (Military Qualification and Date) - Combat Infantryman Badge
* Item 32 (Battles and Campaigns) - Rhineland and Central Europe
* Item 33 (Decorations and Citations) - Army of Occupation Medal (Germany), Good Conduct Medal, American Theater Service Medal, European-African-Middle Eastern (EAME) Theater Medal, World War II Victory Medal
* Item 55 (Remarks) he was issued the Lapel Button
6. His WD AGO Form 53-55 also shows he arrived in England on 15 January 1945. This form shows he departed from overseas on 11 July 1945 and arrived in the United States on 19 July 1945. He was credited with participation in the Rhineland and Central Europe campaigns.
7. His available records do not contain orders or a recommendation for award of the Bronze Star Medal.
8. Army Regulation 600-8-22 (Military Awards) provides that 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 such achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge is considered to be a citation in orders. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized this badge for service during World War II.
9. A review of his available documents indicates he is entitled to an additional award which is not shown on his WD AGO 53-55.
10. Army Regulation 600-8-22 provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award. Named campaigns are listed in appendix B. Authorized bronze service stars will be worn on the appropriate campaign or service medal, which in this case is the EAME Campaign Medal.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal based on policies enacted subsequent to his separation. Therefore, it would be appropriate to award him the Bronze Star Medal based on award of the Combat Infantryman Badge and correct his records to show this award.
2. His WD AGO Form 53-55 shows he served in the Rhineland and Central Europe campaigns in the EAME Theater. As such, he is entitled to have two bronze service stars added to his EAME Campaign Medal shown on his WD AGO Form 53-55.
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 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. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge;
b. deleting the EAME Campaign Medal from his WD AGO Form 53-55; and
c. adding to his WD AGO Form 53-55 the Bronze Star Medal and the EAME Campaign Medal with two bronze service stars.
_______ _ 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) AR20130005172
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ABCMR Record of Proceedings (cont) AR20130005172
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