IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130013523
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 (BSM).
2. The applicant states he was awarded the Combat Infantryman Badge (CIB) and the BSM is authorized based on award of the CIB per Army regulations.
3. The applicant provides his WD AGO Form 53-55.
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 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. This case is being considered based on his WD AGO Form 53-55.
3. His WD AGO Form 53-55 shows:
a. He was inducted into the Army of the United States on 22 March 1943 and he entered active duty on 29 March 1943.
b. He was assigned to Headquarters Company, 121st Infantry.
c. His military qualifications included the CIB.
d. He served in the European theater of operations from 27 March 1945 to on or about 11 July 1945.
e. He participated in the Central Europe campaign.
f. He was awarded or authorized the:
* European-African-Middle Eastern (EAME) Ribbon (now known as the EAME Campaign Medal)
* Army Good Conduct Medal
* World War II Victory Medal
* American Theater Ribbon
g. He was honorably discharged on 5 February 1946 upon demobilization.
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
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 or Combat Medical Badge is considered to be a citation in orders for the BSM. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.
b. A bronze service star is authorized for wear on the EAME Campaign Medal for each campaign a member is credited with participating in.
c. For award of 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.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credit for World War II. This pamphlet shows the 121st Infantry Regiment received occupation credit for Germany for the period 2 May-14 June 1945.
DISCUSSION AND CONCLUSIONS:
1. Based on award of the CIB, the applicant met the eligibility criteria for award of the BSM. Therefore, he should be awarded the BSM and his WD AGO
Form 53-55 should be corrected to show this award.
2. He was awarded the EAME Campaign Medal; however, he participated in one campaign during World War II. Therefore, he is authorized one bronze service star for wear on the EAME Campaign Medal and correction of his WD AGO Form 53-55 to reflect this bronze service star.
3. The evidence of record shows he was assigned to the 121st Infantry Regiment during the time this unit was awarded credit for the occupation of Germany. Therefore, his WD AGO Form 53-55 should be corrected to show award of the Army of Occupation Medal with Germany Clasp.
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 CIB,
b. deleting award of the EAME Ribbon from his WD AGO Form 53-55, and
c. adding the following awards to his WD AGO Form 53-55:
* BSM
* EAME Campaign Medal with one bronze service star
* 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) AR20130013523
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130013523
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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