IN THE CASE OF:	  

		BOARD DATE:  19 November 2013

		DOCKET NUMBER:  AR20130005420 


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 all awards to which he is entitled.

2.  The applicant states his discharge certificate does not reflect all of the medals he was awarded.

3.  The applicant provides his WD AGO Form 53-55 and several documents from his military records.

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 complete 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 a portion of the applicant's records were lost or destroyed in that fire but that a portion though damaged was recovered.  As such, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  On 18 February 1944, he was inducted into the Army of the United States.  He was awarded military occupational specialty number 607 (Mortar Gunner).

4.  His WD AGO Form 53-55 shows he arrived in the European theater of operations (ETO) on 25 November 1944 and was credited with participation in the Rhineland and Central Europe campaigns.  This form further shows he departed the ETO for return to the United States on 28 October 1945.

5.  On 5 February 1946, he was honorably discharged in the rank of private first class due to demobilization after completing 1 year, 11 months, and 18 days of active service.

6.  His WD AGO Form 53-55 shows in:

* item 6 (Organization) – Company A, 65th Infantry Regiment
* item 31 (Military Qualification and Date) – Combat Infantryman Badge
* item 33 (Decorations and Citations) – American Theater Service Medal, European-African-Middle Eastern (EAME) Theater Medal with two bronze service stars, World War II Victory Medal, and three overseas service bars
* item 34 (Wounds Received in Action) – None
* item 55 (Remarks) – Army Lapel Button issued

7.  His records contain an endorsement to his service record showing he was favorably considered for award of the Army Good Conduct Medal (AGCM) and his character and efficiency were rated "excellent."

8.  His available records do not contain orders or a recommendation for award of the Bronze Star Medal (BSM).

9.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, for 1 year of continuous active Federal military service completed while the United States was at war.  The award would not be made to an enlisted man whose records disclosed a conviction by any court-martial during the required period of service or to one whose character or efficiency was rated below "excellent."  The fact that an enlisted man was recommended for or received an AGCM or clasp would be noted under "remarks" on the discharge certificate.

10.  Army Regulation 600-8-22 (Military Awards) provides that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 for award of the BSM.  Therefore, the BSM is to be awarded to individuals who were authorized this badge for service during World War II.

11.  Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  It also states that for award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists World War II units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal.  This pamphlet shows the 65th Infantry Regiment received occupation credit for Germany for the period 2 May 1945 through 30 September 1945.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's award of the Combat Infantryman Badge, he is entitled to award of the BSM based on policies enacted subsequent to his separation.  Therefore, it would be appropriate to award him the BSM based on award of the Combat Infantryman Badge and correct his records to show this award.

2.  He was favorably considered for award of the AGCM.  His character and efficiency ratings were "excellent."  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  Absent any evidence to the contrary, any reasonable doubt concerning his service should be resolved in his favor in regard to eligibility for the AGCM.  Therefore, it would be in the interest of justice to award him the AGCM (1st Award) for the period 18 February 1944 through 5 February 1946.

3.  The evidence shows he served in the ETO during the period when his unit was cited for occupation credit for Germany.  As such, the preponderance of evidence indicates it would be appropriate to add the Army of Occupation Medal with Germany Clasp to his WD AGO Form 53-55.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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 him the BSM based on award of the Combat Infantryman Badge;

	b.  awarding him the AGCM (1st Award) for the period 18 February 1944 through 5 February 1946; and

	c.  adding award of the BSM, AGCM (1st Award), and Army of Occupation Medal with Germany Clasp to his WD AGO Form 53-55.



      _______ _  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)                                         AR20130005420



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ABCMR Record of Proceedings (cont)                                         AR20130005420



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