IN THE CASE OF:	  

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130017370 


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, the son of a deceased former service member (FSM), requests award of the Army Good Conduct Medal (AGCM) to his late father and correction of his father's WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) to show award of the AGCM, American Campaign Medal (ACM), and a third bronze service star for his already-awarded European-African-Middle Eastern (EAME) Campaign Medal.

2.  The applicant states:

	a.  The AGCM was earned for enlisted service and the FSM had enlisted service for more than 3 years from 16 April 1942 to 31 May 1945 before being commissioned as an officer on 1 June 1945.

	b.  The ACM should be awarded for criteria met by four voyages outside the continental United States (CONUS) – from CONUS to the Hawaiian Islands in 1942; from Hawaii to CONUS in January 1944; from CONUS to France with the 100th Division, 7th U.S. Army, on 6 October 1944; and return from Europe to CONUS in December 1945.

	c.  The FSM should be awarded a bronze service star for his participation in the Ardennes-Alsace campaign (Battle of the Bulge).

	d.  The FSM served with the 100th Infantry Division in combat from November 1944 through the end of the war and as a member of the occupation Army through December 1945.

3.  The applicant provides:

* three applications
* his birth certificate
* the FSM's death certificate
* the FSM's Certification of Military Service from 16 April 1942 to 31 May 1945
* the FSM's WD AGO Form 53-98
* the FSM's Certification of Military Service from 1 June 1945 to 23 December 1945
* special orders, dated 10 January 1944, 24 September 1945, and 26 September 1945
* the FSM's battlefield appointment document
* the FSM's orders for award of the Silver Star
* the FSM's appointment orders
* the FSM's Bronze Star Medal (BSM) Citation
* the FSM's Report of Medical History
* excerpts from Army Regulation 600-8-22 (Military Awards) pertaining to award of the AGCM

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 FSM'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 that the FSM'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.  Records show the FSM served in an enlisted status from 16 April 1942 to 31 May 1945.

4.  The applicant provided a citation for the BSM which states, in part, "[FSM], Second Lieutenant (then Staff Sergeant), 398th Infantry Regiment, for meritorious achievement in action during the period 17 to 21 December 1944, in the vicinity of Bitche [in Alsace-Lorraine], France….Throughout this period he repeatedly braved German bullets and shellfire to more swiftly reduce hostile resistance in the numerous concrete emplacements and particularly distinguished himself by leading and directing an attack on Pill Box Number 11…"

5.  There are no orders for the AGCM in the FSM's available records.

6.  There is no WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) in the available records, but the FSM's Certification of Military Service shows he was honorably discharged in the rank of technical sergeant.

7.  The FSM's WD AGO Form 53-98 shows he was commissioned as a second lieutenant on 1 June 1945 in the European theater of operations (ETO).  He served as an infantry unit commander in the ETO from 1 June 1945 to 22 November 1945.  On 23 December 1945, he was released from active duty.

8.  Item 29 (Decorations and Citations) of the FSM's WD AGO Form 53-98 shows he was awarded or authorized the:

* Silver Star (Headquarters, 100th Infantry Division, General Orders 131, dated 30 May 1945)
* BSM (Headquarters, 100th Infantry Division, General Orders 224, dated 24 August 1945)
* Distinguished Unit Citation (Headquarters, 7th U.S. Army, General Orders 91, dated 12 March 1945)
* Asiatic-Pacific Campaign Medal
* EAME Campaign Medal with two bronze service stars
* World War II Victory Medal
* Combat Infantryman Badge (CIB) (Headquarters, 398th Infantry Regiment, General Orders 20, dated 1 October 1944)

9.  The FSM's WD AGO Form 53-98 also shows:

* his organization was the 398th Infantry Regiment, 100th Division
* he completed 21 days of continental service
* he participated in the Rhineland and Central Europe campaigns

10.  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 398th Infantry Regiment, 100th Infantry Division, was credited with:

* participation in the Ardennes-Alsace, Central Europe, and Rhineland campaigns
* occupation of Germany for the period 2 May-31 October 1945

11.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, for 1 year of continuous active Federal military service completed while the United States was at war.  The award would not be made to an enlisted man whose records during the required period of service disclosed a conviction by any court-martial or to one whose character or efficiency was rated below "excellent."  The fact that an enlisted man was recommended for or received an AGCM or clasp would be noted under "remarks" in the discharge certificate.

11.  Army Regulation 600-8-22 states the ACM is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside CONUS but within the American theater of operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside CONUS as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within CONUS for an aggregate period of 1 year.

12.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.

13.  Army Regulation 600-8-22 states the "V" device is worn to denote participation in acts of heroism (valor) involving conflict with an armed enemy.  It is worn only on specified suspension and service ribbons, to include the BSM.

14.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided that the BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders for award of the BSM.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

15.  Army Regulation 600-8-22 provides that the Army of Occupation Medal (AOM) is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the AOM 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.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's enlisted service records are not available.  However, the evidence shows he had enlisted service from 16 April 1942 to 31 May 1945 and he received a battlefield commission on 1 June 1945 in the ETO.  It is reasonable to presume that his enlisted service was honorable since he was commissioned.  For this reason, it appears the FSM met the eligibility criteria for the first award of the AGCM for the period 16 April 1942 through 15 April 1945 based 3 years of continuous enlisted active Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his WD AGO Form 53-98 should be corrected to show this award.

2.  There is insufficient evidence on which to base award of the ACM at this time since the FSM's inclusive dates of service within CONUS during his enlisted status are not available.

3.  The FSM's WD AGO Form 53-98 shows he participated in the Rhineland and Central Europe campaigns.  However, the evidence shows he was awarded the BSM for meritorious achievement in action during the period 17-21 December 1944 in Bitche, France.  Since Department of the Army Pamphlet 672-1 shows the FSM's unit (398th Infantry Regiment, 100th Infantry Division) participated in the Ardennes-Alsace, Central Europe, and Rhineland campaigns during World War II, it would be appropriate to correct his WD AGO Form 53-98 to show he participated in the Ardennes-Alsace campaign and to add a third bronze service star to his already-awarded EAME Campaign Medal.

4.  The evidence shows the FSM was awarded the BSM for heroism (valor) involving conflict with an armed enemy in orders, dated 24 August 1945.  Therefore, it would be appropriate to correct his WD AGO Form 53-98 to show award of the BSM with "V" Device.

5.  Based on his award of the CIB, he is eligible for a second award of the BSM.  Therefore, he should be awarded the BSM (2nd Award) and his WD AGO 
Form 53-98 should be corrected to show this award.

6.  His unit received occupation credit for Germany during his period of service in the ETO.  Therefore, he is authorized award of the AOM with Germany Clasp and his WD AGO Form 53-98 should be corrected 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 the evidence presented is 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:

	a.  awarding him the BSM (2nd Award) effective 1 October 1944 based on award of the CIB;

	b.  awarding him the AGCM (1st Award) for the period 16 April 1942 through 15 April 1945;

	c.  adding the Ardennes-Alsace campaign to item 28 of his WD AGO Form 53-98;

	d.  deleting award of the BSM and EAME Campaign Medal with two bronze service stars from item 29 of his WD AGO Form 53-98;

	e.  adding the following awards to item 29 of his WD AGO Form 53-98:

* BSM (2nd Award) with "V" Device
* AGCM (1st Award)
* EAME Campaign Medal with three bronze service stars
* AOM with Germany Clasp

	f.  issuing the foregoing medals to the applicant.

2.  The Board further determined 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 award of the ACM.



      ____________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)                                         AR20130017370



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ABCMR Record of Proceedings (cont)                                         AR20130017370



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