IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140014807
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 in accordance with Executive Orders Number 9419, dated 4 December 1944 and Number 13286, dated 28 February 2003.
2. The applicant states he is the recipient of the Combat Infantryman Badge and per the aforementioned executive orders he is entitled to award of the Bronze Star Medal.
3. The applicant provides copies of the following:
* WD AGO Form 100 (Separation Qualification Record)
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* Honorable Discharge Certificate
* letter from President Harry Truman
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 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 insufficient 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 contained in a reconstructed record and those provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The available records show he was inducted into the Army of the United States on 21 September 1944. At the time of his separation, he held military occupational specialty 604 (light machine gunner). He served in the European Theater of Operations from 18 February 1945 through 10 July 1946. He was assigned to Company G, 16th Infantry Regiment.
4. His available record contains a WD Form 372A (Final Payment Work Sheet) which shows he was receiving combat infantryman pay at the time of his separation on 25 July 1946.
5. He was honorably discharged on 25 July 1946. He was credited with completing 4 months and 25 days of continental service and 1 year, 5 months, and 10 days of foreign service. His WD AGO Form 53-55 lists in:
* Item 31 (Military Qualification and Date) Combat Infantryman Badge, dated 28 March 1945
* Item 32 (Battles and Campaigns) Central Europe and Rhineland
* Item 33 (Decorations and Citations) shows:
* European-African-Middle Eastern Campaign Medal
* Army Good Conduct Medal
* Army of Occupation Medal
* World War II Victory Medal
* Item 55 (Remarks) World War II Honorable Lapel Button
6. Army Regulation 600-8-22 (Military Awards) states:
a. 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 awarded to individuals who were authorized either badge for service during World War II.
b. Bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant is entitled to the Bronze Star Medal based on his award of the Combat Infantryman Badge on 28 March 1945. Therefore, he is entitled to this award and its addition to his WD AGO Form 53-55.
2. Based on his campaign participation in the European Theater of Operations, he is entitled to award of 2 bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal. Therefore, his WD AGO Form 53-55 should be corrected 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 him the Bronze Star Medal based on award of the Combat Infantryman Badge on 28 March 1945
* deleting from his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal
* adding to his WD AGO Form 53-55 the:
* Bronze Star Medal
* European-African-Middle Eastern Campaign Medal with 2 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) AR20140014807
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ABCMR Record of Proceedings (cont) AR20140014807
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