IN THE CASE OF:	  

		BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20140000605 


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) to show all awards to which he is entitled.

2.  The applicant states he believes his records pertaining to awards and decorations are incomplete.

3.  The applicant provides:

* WD AGO Form 53-55
* 83d Infantry Division Bronze Star Medal Citation
* 83d Infantry Division Certificate of Proficiency with service record notations

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered based solely on the evidence provided by the applicant.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 14 October 1942 and entered active service on 28 October 1942.  He was assigned to Headquarters and Headquarters Company, 330th Infantry Regiment.

4.  His WD AGO Form 53-55 shows he arrived in England on 16 April 1944.  He departed England on 3 November 1945 and arrived in the United States on 10 November 1945.  His WD AGO Form 53-55 also shows he participated in the Normandy, Northern France, Rhineland, Ardennes-Alsace, and Central Europe Campaigns.

5.  His WD AGO Form 53-55 shows he was awarded or authorized the:

* Army Good Conduct Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with five bronze service stars
* World War II Victory Medal
* Army Lapel Button
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)

6.  He was honorably discharged in the rank of technician fourth grade on 14 November 1945 upon demobilization.  He completed 1 year, 5 months, and 12 days of continental service and 1 year, 7 months, and 5 days of foreign service.

7.  The applicant provided an 83d Infantry Division Certificate of Proficiency showing he satisfactorily completed the Radio School Operators' Course at Camp Atterbury, IN, during the period 23 November 1942 to 15 January 1943.  The reverse side of this certificate notes it was entered in his service records and on his DA Form 20 (Enlisted Qualification Record) on 28 January 1943.

8.  The applicant provided an 83d Infantry Division Citation showing he was awarded the Bronze Star Medal for meritorious service in connection with military operations against an enemy of the United States in France, Luxembourg, Belgium, and Germany from 4 July 1944 to 8 May 1945 while assigned to the 330th Infantry Regiment.  The copy of this citation shows the 83d Infantry Division embossed official seal in the lower left corner.

9.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  Second and succeeding awards of the Bronze Star Medal are denoted by oak leaf clusters.

10.  Army Regulation 600-8-22 further states 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 for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 600-8-22 states the Army of Occupation Medal with Germany Clasp is awarded for service for 30 consecutive days at a normal post of duty while assigned to the Army of Occupation of Germany between 9 May 1945 and 5 May 1955.  

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 330th Infantry Regiment, 83d Infantry Division, was awarded:

* the Distinguished Unit Citation (currently known as the Presidential Unit Citation) for the period 9-11 January 1945
* occupation credit for Germany for the period 2 May-31 October 1945

DISCUSSION AND CONCLUSIONS:

1.  The available records show the applicant served in the European theater of operations from 16 April 1944 through 3 November 1945 and participated in five campaigns.

2.  The 83d Infantry Division Citation showing he was awarded the Bronze Star Medal for meritorious service in connection with military operations against an enemy of the United States in France, Luxembourg, Belgium, and Germany from 4 July 1944 to 8 May 1945 while assigned to the 330th Infantry Regiment with embossed official seal is accepted as sufficient evidence on which to add award of the Bronze Star Medal to his WD AGO Form 53-55.

3.  His WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge.  Therefore, he is entitled to a second award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show the second award.

4.  His unit was awarded the Distinguished Unit Citation and occupation credit for Germany during his assignment.  Therefore, his WD AGO Form 53-55 should be corrected to show award of the Army of Occupation Medal with Germany Clasp and Presidential Unit Citation.

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 Bronze Star Medal with 1st Oak Leaf Cluster based on award of the Combat Infantryman Badge
* adding the following awards to his WD AGO Form 53-55 –










* Bronze Star Medal (2nd Award)
* Army of Occupation Medal with Germany Clasp
* Presidential Unit Citation



      _______ _   _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)                                         AR20140000605



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ABCMR Record of Proceedings (cont)                                         AR20140000605



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