BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140009203
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 his WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service ) be corrected to show the Bronze Star Medal (BSM) awarded for his service during World War II.
2. The applicant states he was awarded the Combat Infantryman Badge (CIB) during World War II and was told this qualifies him for the BSM. He is 96 years old and asks his request be handled expeditiously.
3. The applicant provides his WD AGO Form 53-98 and a 4-page printout from the Tank-Automotive Center (TACOM) Clothing and Heraldry website
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 Record Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. He was inducted into the Army of the United States on 25 January 1941, and, upon completion of Officer Candidate School, he was commissioned in the Infantry as a second lieutenant on 25 June 1942. He served in the European Theater from 15 May 1944 to 9 February 1945 and was assigned to Company I, 314th Infantry Regiment. At the time of his release from active duty he held the rank of first lieutenant.
4. His WD AGO Form 93-98, item 29 (Decorations and Citations) shows the award of the CIB. Additional awards shown are the Purple Heart and the European-African-Middle Eastern (EAME) Ribbon (now titled European-African-Middle Eastern Campaign Medal) with 3 bronze service stars.
5. Army Regulation 600-8-22 (Military Awards) provides:
a. The BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders for the BSM. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.
b. The American Campaign Medal is awarded for service within the American Theater, defined as the continental limits of the United States, between 7 December 1941 and 2 March 1946, for an aggregate period of 1 year. It is also given to Soldiers who were in active combat against the enemy and awarded a combat decoration.
c. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 3rd Battalion (the battalion Company I was in), 314th Infantry Regiment was awarded the Presidential Unit Citation (then titled the Distinguished Unit Citation) for service from 20 to 23 September 1944.
DISCUSSION AND CONCLUSIONS:
1. By Army Regulation 600-8-22, an award of the CIB is considered to be a citation in orders for the BSM. He was awarded the CIB and is therefore entitled to have his WD AGO Form 53-98 corrected to show the award of the Bronze Star Medal.
2. He served a qualifying period of service for award of the American Campaign Medal and the World War II Victory Medal. His records should be corrected to show these awards.
3. He was assigned to the 314th Infantry Regiment when it received the Presidential Unit Citation. His records 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 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 him the Bronze Star Medal based on award of the Combat Infantryman Badge for service in World War II from 15 May 1944 to 9 February 1945
* adding to item 29 of his WD AGO Form 53-98 the Bronze Star Medal, American Campaign Medal, World War II Victory Medal, and 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) AR20140009203
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140009203
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090004023
The FSM's military records are not available to the Board for review. The applicant contends that the FSM's records should be corrected to show award of the French Fourragere, a silver service star on his European-African-Middle Eastern Service Medal, Army of Occupation Medal with Germany Clasp, and the National Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Bronze Star...
ARMY | BCMR | CY2008 | 20080003718
Application for correction of military records (with supporting documents provided, if any). Item 31 (Military Qualifications) shows that he received the Combat Infantryman Badge (CIB), and Item 33 (Decorations and Citations) shows that during his active duty tenure, he earned the Purple Heart, Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal with 2 bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2001 | 2001060592C070421
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Lacking evidence to the contrary, the Board presumes this document is correct and therefore, it is compelled to deny the requested relief. That all of the Department of the Army records related to this case be corrected to show that the individual concerned earned the BSM (1 st OLC); Presidential Unit...
ARMY | BCMR | CY2009 | 20090017562
The applicant requests that the records of her late husband, a former service member (FSM), be corrected to show award of the Bronze Star Medal (BSM), Purple Heart, Presidential Unit Citation, bronze arrowhead device, Parachutist Badge with two battle jump stars (correctly known as bronze service stars), and Combat Infantryman Badge (CIB). The applicant states the FSM participated in the Normandy, Rhineland, Ardennes, and Central Europe campaigns and is entitled to the BSM, Purple Heart,...
ARMY | BCMR | CY2009 | 20090001344
The applicants military records are not available to the Board for review. Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form 53-55 does not show award of the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the Combat Infantryman Badge, the Bronze Star Medal, and the World War II Victory Medal.
ARMY | BCMR | CY2014 | 20140001096
The applicant, the son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to add: * Distinctive Unit Badge (properly known as Distinguished Unit Citation and currently known as the Presidential Unit Citation) * Belgian Fourragere * American Campaign Medal * Marksmanship Qualification Badge with Rifle Bar 2. The applicant has not submitted sufficient evidence and the FSM's record...
ARMY | BCMR | CY2009 | 20090000536
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), dated 15 January 1946, be corrected to reflect his military occupational specialty (MOS) as machine gunner vice light truck driver and to include all awards he is entitled to based on his military service. The applicant's military record is not available to the Board for review.
ARMY | BCMR | CY2013 | 20130019285
The applicant and counsel state the applicant is entitled to award of the BSM (based upon his previous award of the CIB), the Purple Heart, the American Defense Service Medal, the Presidential Unit Citation, and a bronze service star for participation in the Central Europe campaign. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge...
ARMY | BCMR | CY2009 | 20090002526
The evidence includes orders awarding the FSM the BSM 1st Oak Leaf Cluster (2nd Award) for heroism on 13 and 14 December 1944 in Germany, and a letter from the Commanding General, Army Service Forces, which confirmed the FSM's eligibility for the CMB and directed he be issued this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 33 of his WD AGO Form 53-55 by deleting the current list of awards and...
ARMY | BCMR | CY2002 | 2002068829C070402
His WD AGO Form 53-55, item 6 shows his organization as Company H (which the Center for Military History has stated was in the 2d Battalion), 143d Infantry Regiment; item 31 shows that he was awarded the CIB and the Expert Rifle Badge; item 33 shows that he was awarded the BSM (General Orders 348 is listed as the authority but the BSM is not identified as being with “V” device), the World War II Victory Medal, the Army Good Conduct Medal, the Army of Occupation Medal, and the...