IN THE CASE OF:
BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130008868
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 and Presidential Unit Citation.
2. The applicant states he served with Company D, 47th Infantry Regiment, 9th Infantry Division, during the crossing of the Rhine River in Germany in March 1945. The unit was awarded the Presidential Unit Citation for that crossing. He received the authorization for that award the same time he received the authorization for the Bronze Star Medal. Unfortunately, it was misplaced.
3. The applicant provides:
* self-authored statement
* Honorable Discharge Certificate
* certificate of appointment
* letter orders for award of the Bronze Star Medal, dated 3 January 1952
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 was inducted into the Army of the United States and entered active duty in Chicago, IL, on 4 October 1944. He held military occupational specialty 812 (Heavy Weapons Noncommissioned Officer) and attained the rank of first sergeant.
3. He was honorably discharged from active duty on 30 August 1946. His WD AGO Form 53-55 shows he was assigned to Company D, 47th Infantry Regiment, and served in the European theater of operations (ETO) from 3 March 1945 to 15 August 1946. This form also shows he was awarded the Combat Infantryman Badge.
4. He provided letter orders, dated 3 January 1952, which show he was awarded the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy in the ETO while assigned to the 47th Infantry Regiment on or about 18 March 1945 under the authority of Army Regulation 600-45 (Decorations), paragraph 18.
5. Army Regulation 600-45, paragraph 18, in effect at the time, stated the Bronze Star Medal was awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. 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 was considered to be a citation in orders for award of the Bronze Star Medal. Therefore, the Bronze Star Medal was to be awarded to individuals who were authorized either badge for service during World War II.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. This pamphlet shows his unit of assignment was awarded the Presidential Unit Citation for the period 8-19 March 1945 by War Department General Orders Number 65, dated 1946.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Combat Infantryman Badge. Based on his award of the Combat Infantryman Badge, he was awarded the Bronze Star Medal in letter orders, dated 3 January 1952. This award is not shown on his WD AGO Form 53-55. Therefore, he is entitled to correction of his WD AGO Form 53-55 to add award of the Bronze Star Medal.
2. The evidence of record shows his unit was awarded the Presidential Unit Citation during his period of assignment; therefore, he is entitled to correction of his WD AGO Form 53-55 to add this unit award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ 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 adding award of the Bronze Star Medal and Presidential Unit Citation 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) AR20130008868
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ABCMR Record of Proceedings (cont) AR20130008868
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