IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140004339
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 Star Medal.
2. The applicant states he should be awarded the Bronze Star Medal based on his being awarded the Combat Infantryman Badge during World War II.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) 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 complete 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 the applicant's records were lost or destroyed in that fire. However, he provided his WD AGO Form 53-55 which is sufficient to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 record shows he was inducted into the Army of the United States on 4 June 1943 and he entered active duty on 18 June 1943. At the time of his discharge he held military occupational specialty 605 (Heavy Machine Gunner) and his last unit of assignment was with Company M, 289th Infantry Regiment, 75th Infantry Division.
4. His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 22 October 1944 and he arrived in the European Theater of Operations (ETO) on 3 November 1944. He departed the ETO on 28 January 1946 and he arrived back in CONUS on 9 February 1946.
5. He was honorably discharged on 14 February 1946 at Camp Atterbury, IN.
6. His WD AGO 53-55 shows in:
* item 31 (Military Qualifications) the Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar
* item 32 (Battles and Campaigns) that he participated in the Ardennes, Rhineland, and Central Europe campaigns
* item 33 (Decorations and Citations) the American Campaign Medal, European-African Middle Eastern Service Medal with 3 bronze service stars, Army Good Conduct Medal, Silver Star, and the World War II Victory Medal
7. 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. 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.
8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 289th Infantry Regiment received occupation credit for Germany during the period 20 May to 4 July 1945.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was awarded the Combat Infantryman Badge during World War II. He is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 accordingly.
2. His unit in the ETO received occupation credit for Germany during the period he was assigned to the unit; therefore, his WD AGO Form 53-55 should be corrected to show the Army of Occupation Medal with Germany Clasp.
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 upon award of the Combat Infantryman Badge
* adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal and the Army of Occupation Medal with Germany Clasp
_______ _ _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) AR20140004339
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ABCMR Record of Proceedings (cont) AR20140004339
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