IN THE CASE OF: 

		BOARD DATE:	    24 April 2014

		DOCKET NUMBER:  AR20130013971 


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 the Silver Star be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation).  He also requests, in effect, that the Purple Heart be added to his WD AGO Form 53-55.

2.  The applicant states:

* he and four others from his company were awarded the Silver Star for capturing a German company while on patrol in Germany
* on patrol, he operated a .30 caliber water-cooled machine gun mounted on a jeep and the rest of the Soldiers had rifles
* the commander of the German company surrendered after losing several of his men to their fire
* he took part in the European-African-Middle Eastern (EAME) campaign in World War II
* he provided machine gun support in the Battle of the Bulge with General George S. Patton and saw him several times a week
* he also received the Purple Heart for a shrapnel injury to his head that he sustained as a result of a German mortar attack on his company on 
     15 November 1944  
* his discharge document does not list this award
* his records were burned in a fire on 12 July 1973 at the National Personnel Records Center (NPRC) in St. Louis, MO 



3.  The applicant provides:

* WD AGO Form 53-55
* Letter, dated 17 June 2013, from NPRC

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 NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record 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 31 March 1943 and he entered active duty on 7 April 1943.  He served in the European theater of operations from 9 July 1944 to 24 December 1945 and he was honorably discharged on 6 January 1946.

4.  His WD AGO Form 53-55 also shows:

* his organization was Company D, 358th Infantry Regiment, 90th Infantry Division
* he received the Combat Infantryman Badge on 1 October 1944
* he was wounded in action on 15 November 1944 in Germany
* he was awarded the Good Conduct Medal, American Campaign Medal, EAME with four bronze service stars, War II Victory Medal, two Overseas Service Bars, and Army Lapel Button in item 33 (Decorations and Citations)

5.  There are no orders for the Silver Star in the available records.
6.  He provides a letter from the NPRC, dated 17 June 2013, which shows he was issued, among other awards, the Bronze Star Medal (based on award of the Combat Infantryman Badge) and Purple Heart. 

7.  Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Army Regulation 600-8-22 provides that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the EAME Campaign Medal must have been awarded prior to 9 May 1945.  

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows awards and citations authorized for units that served during World War II.  This pamphlet shows the 358th Infantry Regiment received occupation credit for Germany for the period 20 May to 
31 October 1945.

10.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided that 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 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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Silver Star in the available records.  The applicant has provided no evidence which shows he received the Silver Star.  Therefore, there is insufficient evidence on which to base adding the Silver Star to his 
WD AGO Form 53-55.


2.  Based on award of the Combat Infantryman Badge, the applicant is eligible for award of the Bronze Star Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

3.  Evidence shows he was wounded in action on 15 November 1944 and he received the Purple Heart.  However, since his WD AGO Form 53-55 does not show the Purple Heart as an authorized award it would be appropriate to correct his WD AGO Form 53-55 by adding the Purple Heart.

4.  His unit received occupation credit for Germany during his period of service in the European Theater of Operations.  Therefore, he is entitled to the Army of Occupation Medal with Germany Clasp and correction of his WD AGO Form 
53-55 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 33 of his WD AGO Form 53-55 the:

* Bronze Star Medal
* Purple Heart
* Army of Occupation Medal with Germany Clasp 








2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Silver Star 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)                                         AR20130013971



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ABCMR Record of Proceedings (cont)                                         AR20130013971



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