IN THE CASE OF:	  

		BOARD DATE:	  16 January 2014

		DOCKET NUMBER:  AR20130008883 


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 (BSM) based on award of the Combat Infantryman Badge (CIB) and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show this award.

2.  The applicant states World War II veterans in receipt of the CIB are authorized the BSM under the provisions of Army Regulation 600-8-22 (Military Awards).

3.  The applicant provides his WD AGO Form 53-55 and Honorable Discharge Certificate.

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 complete 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 lost or destroyed in that fire.  However, the applicant provided his WD AGO Form 53-55 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 19 October 1943 and he entered active service on 9 November 1943 at Camp Shelby, MS.  He held military occupational specialty 745 (Rifleman) and his last unit of assignment was E Company, 406th Infantry Regiment, 102nd Infantry Division.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 18 September 1944 and arrived in the European-African-Middle Eastern (EAME) Theater of Operations on 25 September 1944.  He departed the EAME Theater of Operations on 20 April 1946 and arrived back in CONUS on 30 April 1946.

5.  On 5 May 1946, he was honorably discharged by reason of demobilization at Camp Shelby.  He completed 11 months and 4 days of continental service and 1 year, 7 months, and 13 days of foreign service.

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

* Item 31 (Military Qualifications) the CIB and the Marksman Marksmanship Qualification Badge with Rifle Bar
* Item 32 (Battles and Campaigns) he participated in the Rhineland and Central Europe campaigns
* Item 33 (Decorations and Citations) the EAME Campaign Medal, Army Good Conduct Medal, and the World War II Victory Medal

7.  Army Regulation 600-8-22 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 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 achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized the CIB for service during World War II.

	b.  in paragraph 5-13, a bronze service star is authorized for wear on the EAME Campaign Medal for each campaign a member is credited with participating in while in a combat zone and awarded a combat decoration.

	c.  the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945.

8.  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 individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II.  This pamphlet shows the 406th Infantry Regiment, the unit he was assigned to during his service in the EAME Theater of Operations, received occupation credit for Germany during the period 2 May to 31 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was awarded the CIB during World War II.  Therefore, he should be awarded the BSM based on award of the CIB and his WD AGO Form 53-55 should be corrected to show this award.

2.  He participated in two campaigns while serving in World War II.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded EAME Campaign Medal and correction of his WD AGO Form 53-55 to show these bronze service stars.

3.  His unit received occupation credit for Germany during his period of assignment; therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp 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 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 the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge during World War II
* deleting from his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal
* adding to item 33 of his WD AGO Form 53-55 the:

* Bronze Star Medal
* European-African-Middle Eastern Campaign Medal with two bronze service stars
* Army of Occupation Medal with Germany Clasp



      ____________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)                                         AR20130008883



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ABCMR Record of Proceedings (cont)                                         AR20130008883



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