BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002012
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 award of the Bronze Stat Medal based on his award of the Combat Infantryman Badge.
2. The applicant states he was not retroactively awarded the Bronze Star Medal in compliance with President Roosevelt's Executive Order Number 9419, dated 4 February 1944, to World War II service members who had received the Combat Infantryman Badge for combat in the European Theater.
3. The applicant provides a copy the following:
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* Honorable Discharge Certificate
* Bronze Star Medal for World War II for Combat Infantryman Badge and Combat Medical Badge Soldiers information paper
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
provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, there was sufficient documentation in a reconstructed record and those provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. His available records show he was inducted into the Army of the United States and entered active duty on 8 December 1943. He served in the European Theater of Operations from 27 June 1944 through 9 February 1946.
4. He was honorably discharged on 25 February 1946 by reason of demobilization. His WD AGO Form 53-55 shows in:
* Item 6 Organization) 391st Military Police (MP) Battalion
* Item 31 (Military Qualification and Date) the:
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* 2nd Class Gunnery Badge with MachineGun Bar
* Item 32 (Battles and Campaigns) Normandy, Northern France, and Central Europe
* Item 33 (Decorations and Citations) the:
* European-African-Middle Eastern Campaign Medal
* World War II Victory Medal
* Army Good Conduct Medal
* Meritorious Service Unit Plaque (currently known as the Meritorious Unit Commendation)
* Honorable Lapel Button
5. He provided a Bronze Star Medal for World War II for Combat Infantryman Badge and Combat Medical Badge Soldiers information paper which cited the
criteria for award of the Bronze Star Medal to Soldiers who had received the Combat Infantryman Badge or Combat Medical Badge during World War II.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Bronze Star Medal may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947. For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders.
b. A bronze star is authorized for wear on the European-African-Middle Eastern Campaign Medal to denote campaign participation.
7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), a register of unit citations and campaign participation credits for World War II and the Korean War, does not show his unit, the 391st MP Battalion, was cited for any unit awards during his period of service.
DISCUSISON AND CONCLUSIONS:
1. By regulation and based on the applicant's award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and its addition to his WD AGO Form 53-55.
2. He served in the European Theater during three campaigns; therefore, he is entitled to award of three bronze service stars to be added to already-awarded European-African-Middle Eastern Campaign Medal and correction of his WD AGO Form 53-55 to show these service stars.
BOARD VOTE:
__X______ __X______ __X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge
* deleting from his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal
* adding to this WD AGO Form 53-55 the:
* Bronze Star Medal
* European-African-Middle Eastern Campaign Medal with three bronze service stars
_________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) AR20140002012
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