IN THE CASE OF:	  

		BOARD DATE:	 3 June 2014 

		DOCKET NUMBER:  AR20140000373 


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 (1st Oak Leaf Cluster).

2.  The applicant states, in effect:

   a.  He was awarded the Bronze Star Medal for exemplary conduct in ground combat against an armed enemy on or about 5 January 1945, while assigned to the 222nd Infantry.

   b.  He believes, by Executive Order from the President of the United States, the Bronze Star Medal was to be awarded to all military personnel, regardless of other medals earned, who had been awarded the Combat Infantryman Badge.  He was awarded a Combat Infantryman Badge; therefore, he should receive a second Bronze Star Medal.

3.  The applicant provides:

* a self-authored statement
* 3 letters
* General Orders Number 1
* DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty))


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 record is 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 his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered primarily using his WD AGO Form 53-55 and several documents provided by the National Personnel Records Center, St. Louis, MO.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 4 January 1943 and he entered active duty on 11 January 1943.  His most significant unit of assignment was Company C, 222nd Infantry.  He was honorably discharged on 13 March 1946, after completing a total of 3 years, 2 months, and 10 days of active military service.  He held the rank of private first class at the time of separation.

4.  His WD AGO Form 53-55 also contains the following pertinent information.

	a.  Item 31 (Military Qualifications and Date) shows he was awarded the Expert Infantryman and Combat Infantryman Badges.

	b.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns.

	c.  Item 33 (Decorations and Citations) shows he was awarded the Army Good Conduct Medal, American Theater Ribbon, European-African-Middle Eastern Campaign Medal, and World War II Victory Medal.

   d.  Item 36 (Service Outside Continental United States and Return) shows he arrived in France on 9 December 1944 and departed for the continental United States on 28 February 1946.

5.  The applicant provides and his record contains:

   a.  General Orders Number 1, issued by Headquarters, 222nd Infantry, dated        29 January 1945, which awarded him the Combat Infantryman Badge for satisfactory performance of duty in ground combat against the enemy effective      5 January 1945.

   b.  A Letter Order from the Adjutant General, dated 7 September 1950, which awarded him the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy on or about 5 January 1945.  The authority for the award was based upon General Orders Number 1 (which awarded him the Combat Infantryman Badge).
   
   c.  DD Form 215, dated 3 September 2009, that shows his record was corrected to show award of the Bronze Star Medal, Army of Occupation Medal with Germany Clasp, and the European-African-Middle Eastern Campaign Medal with three bronze service stars.  His record was further corrected to show participation in the Ardennes-Alsace campaign.

6.  There are no official orders in the applicant's records that show he was recommended for or awarded an additional Bronze Star Medal.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

   a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  
	
	b.  During World War II, 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 is no evidence in the applicant's records and he provides insufficient evidence to show he should have been awarded a second Bronze Star Medal.   

2.  The Letter Order from the Adjutant General, dated 7 September 1950, clearly awarded him the Bronze Star Medal based on the authority provided by General Orders Number 1, which awarded him the Combat Infantryman Badge.

3.  In light of the foregoing, he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20140000373



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ABCMR Record of Proceedings (cont)                                         AR20140000373



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