IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130020540 


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 correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show four bronze service stars with his already-awarded European-African-Middle Eastern (EAME) Campaign Medal.

2.  The applicant states:

	a.  His father served with the 114th Infantry Regiment from 30 November 1940 to 2 October 1945.

	b.  Department of the Army General Orders 63, dated 20 September 1948, show his father's unit received credit for participation in the Ardennes-Alsace campaign which makes him eligible for a fourth bronze service star.

3.  The applicant provides:

* FSM's death certificate
* FSM's WD AGO Form 53-55
* National Personnel Records Center letters, dated 12 December 2002 and 17 September 2013
* Department of the Army Lineage and Honors for the 114th Infantry
* magazine article, titled "Highlights of 3rd Battalion's History"
* his birth certificate
* letter from a Member of Congress, dated 26 September 2013

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.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 30 November 1940.  He served in the European theater of operations (ETO) from 15 September 1944 to 15 July 1945 and he was honorably discharged on 2 October 1945.

4.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded or authorized the:

* Bronze Star Medal (Headquarters, 440th Infantry Division, General Orders 146, dated 13 June 1945)
* Army Good Conduct Medal
* EAME Campaign Medal

5.  The FSM's WD AGO Form 53-55 also shows:

* his organization as Headquarters Company, 3rd Battalion, 114th Infantry Regiment
* he was awarded the Combat Infantryman Badge (CIB)
* he completed 3 years, 11 months, and 17 days of continental U.S. (CONUS) service and 10 months and 16 days of foreign service
* he participated in the Central Europe, Northern France, and Rhineland campaigns in item 32 (Battle and Campaigns)

6.  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.

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

8.  Army Regulation 600-8-22 states the American Campaign Medal (ACM) is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this 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 award of a combat decoration or receipt of a certificate by a corps commander or higher, or service within CONUS for an aggregate period of 1 year.

9.  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.

10.  Army Regulation 600-8-22 states the American Defense Service Medal (ADSM) is awarded for service within the American theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

11.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

12.  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 114th Infantry Regiment, 44th Infantry Division, was credited with:

* participation in the Ardennes-Alsace, Central Europe, Northern France, and Rhineland campaigns
* occupation of Germany for the period 2 May-5 July 1945

DISCUSSION AND CONCLUSIONS:

1.  The FSM's WD AGO Form 53-55 shows he participated in the Central Europe, Northern France, and Rhineland campaigns.  Since Department of the Army Pamphlet 672-1 shows the FSM's unit (114th Infantry Regiment) participated in the Ardennes-Alsace, Central Europe, Northern France, and Rhineland campaigns during World War II, any reasonable doubt should be resolved in the FSM's favor.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 to show he participated in the Ardennes-Alsace campaign and to add four bronze service stars to his already-awarded EAME Campaign Medal.

2.  Based on his award of the CIB, he is authorized a second award of the BSM.  Therefore, he should be awarded the BSM (2nd Award) and his WD AGO 
Form 53-55 should be corrected to show this award.

3.  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 53-55 should be corrected to show this award.

4.  He served a qualifying period for award of the ADSM, ACM, and World War II Victory Medal.  His WD AGO Form 53-55 should be corrected to show these medals.

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 the FSM the BSM (2nd Award) based on award of the CIB;

	b.  adding the Ardennes-Alsace campaign to item 32 of the FSM's WD AGO Form 53-55;

	c.  deleting award of the BSM and EAME Campaign Medal from item 33 of the FSM's WD AGO Form 53-55;

	d.  adding the following awards to item 33 of the FSM's WD AGO Form 53-55:

* BSM (2nd Award)
* ADSM
* ACM
* EAME Campaign Medal with four bronze service stars
* World War II Victory Medal
* AOM with Germany Clasp

	e.  issuing the foregoing medals to the applicant.



      _____________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)                                         AR20130020540



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ABCMR Record of Proceedings (cont)                                         AR20130020540



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