BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130020806 


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 World War II Victory Medal.

2.  The applicant states his WD AGO Form 53-55 should include the World War II Victory Medal which was never awarded.  He received the Purple Heart medal, but he never received the European-African Middle Eastern Service Medal (now known as the European-African Middle Eastern Campaign Medal) that is shown on his WD AGO Form 53-55.  He was made aware of the World War II Victory Medal during an honor flight trip he made on 2 November 2013.  He is a 94-year old World War II veteran who was seriously wounded in the Battle of St. Lo and he requests the medals he earned.

3.  The applicant provides his WD AGO Form 53-55 and Honorable Discharge Certificate.

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 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 the applicant's records were lost or destroyed in that fire.  However, the applicant provided his WD AGO 
Form 53-55 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he enlisted in the Army on 29 October 1942.  He held military occupational specialty (MOS) 745 (Rifleman) and he was assigned to Company C, 120th Infantry Regiment.

4.  His WD AGO Form 53-55 shows he arrived in the European theater of operations (ETO) on 22 February 1944.  He was wounded in action in the ETO on 16 July 1944.  He departed the ETO on 1 December 1944 and arrived in the continental United States (CONUS) on 12 December 1944.

5.  On 25 August 1945, he was honorably discharged in the rank of staff sergeant with a certificate of disability.  He completed 1 year, 11 months, and 26 days of CONUS service and 10 months and 1 day of service outside CONUS (OCONUS).

6.  His WD AGO Form 53-55 also shows in:

* item 31 (Military Qualification), the Expert Infantryman Badge and Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* item 32 (Battle and Campaigns), he participated in the Normandy campaign
* item 33 (Decorations and Citations), the Purple Heart, European-African Middle Eastern Campaign Medal, and Army Good Conduct 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, 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.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.

	c.  The American Campaign Medal 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 OCONUS 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 OCONUS 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.

	d.  The European-African Middle Eastern Campaign Medal was awarded for service within the European-African Middle Eastern theater between 7 December 1941 and 8 November 1945.  A bronze service star is authorized with this award for each campaign a member is credited with participating in.

	e.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

8.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental, or smaller size.  Personnel whose eligibility was thus established could qualify for award of the Combat Infantryman Badge by satisfactory performance of duty in ground combat against the enemy.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served during a qualifying period for award of the American Campaign Medal and World War II Victory Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show these awards.
2.  He participated in one campaign during his service in World War II.  Therefore, he is entitled to one bronze service star with his already-awarded European-African Middle Eastern Campaign Medal and correction of his WD AGO Form 53-55 to show this bronze service star.

3.  The evidence of record confirms he held an infantry MOS and was assigned to an infantry unit during World War II.  His award of the Purple Heart for wounds received in action on 16 July 1944 strongly suggests he participated in active ground combat while assigned to an infantry unit and any reasonable doubt should be resolved in his favor.  Therefore, it would be appropriate to award him the Combat Infantryman Badge and correct his WD AGO Form 53-55 accordingly.

4.  Based on his award of the Combat Infantryman Badge, he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award.

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:

* awarding him the Combat Infantryman Badge effective 16 July 1944
* awarding him the Bronze Star Medal effective 16 July 1944 based on award of the Combat Infantryman Badge
* deleting award of the European-African Middle Eastern Service Medal from item 33 of his WD AGO Form 53-55
* adding the following awards to item 33 of his WD AGO Form 53-55 –

* Bronze Star Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with one bronze service star
* World War II Victory Medal
* Combat Infantryman Badge

* issuing him the awards listed above



      ___________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)                                         AR20130020806



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ABCMR Record of Proceedings (cont)                                         AR20130020806



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