BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130012408
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 receipt of two Bronze Star Medals.
2. The applicant states, in effect, he requested the issuance of two Bronze Star Medals based on the entry on his WD AGO Form 53 (Report of Separation) which shows "2 Bronze Stars"; however, the National Personnel Records Center (NPRC) has refused to issue them because they contend the "2 Bronze Stars" refer to campaign stars.
3. The applicant provides an Ohio Department of Veterans Services Certification of Military Service and his WD AGO Form 53.
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 for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 28 March 1941. He completed his training as a tank driver and departed for the European theater of operations (ETO) on 29 April 1942.
4. He participated in the Tunisian and Italian campaigns and departed the ETO on 14 August 1944.
5. On 9 December 1944, he was honorably discharged at Camp Atterbury, Indiana, and was awarded two bronze service stars for wear on the European-African-Middle Eastern (EAME) Campaign Ribbon/Medal, American Defense Service Ribbon, Army Good Conduct Medal, and Purple Heart.
6. A review of the available records failed to show the applicant was recommended for or awarded the Bronze Star Medal.
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.
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. A bronze service star is authorized with the EAME Campaign Ribbon/
Medal for each campaign a member is credited with participating in.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was awarded two Bronze Star Medals has been noted.
2. The two bronze stars reflected on his separation document show he is authorized to wear two bronze service stars on his EAME Campaign Ribbon/
Medal to denote his participation in two campaigns.
3. There is insufficient evidence to show he was recommended for or awarded any Bronze Star Medals.
4. In the absence of such evidence, there appears to be no basis to grant his request to have two Bronze Star Medals issued to him or to enter them in his records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X______ _X_______ _X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20130012408
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ABCMR Record of Proceedings (cont) AR20130012408
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