IN THE CASE OF:	  

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140014883 


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 Army Service Number (ASN) be corrected on his Bronze Star Medal Certificate and that the Bronze Star Medal be included on his discharge certificate.

2.  The applicant states he believes a simple typographical error occurred when the certificate was created.  He would also like to have his separation document corrected to show this award.

3.  The applicant provides copies of two WD AGO Forms 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and a Bronze Star Medal 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 military records were lost or destroyed as a result of the National Personnel Records Center fire of 1973.  Information herein was obtained from copies of official documents provided by the applicant.

3.  The applicant served on active duty under the ASN xx-xxx-664 from 1 September 1944 through 18 January 1949.

4.  His 28 January 1946 WD AGO Form 53-55 shows –

* service as an automatic rifleman with Company F, 23rd Infantry Regiment
* service in the European Theater of Operations from 30 January 1945 through 13 July 1945 with participation in the Rhineland and Central Europe Campaigns 
* award of the European-African-Middle Eastern Campaign Medal, Combat Infantryman Badge, American Campaign Medal (shown as the American Theater Service Ribbon), World War II Victory Medal, and the Purple Heart

5.  The Bronze Star Medal Certificate he provided shows he was awarded of Bronze Star Medal for meritorious achievement in ground operations on or about 27 February 1945 while serving with the 23rd Infantry Regiment.  The award certificate and medal were conferred on 27 February 1948.  The ASN on the certificate is xx-xxx-644.

6.  His 18 January 1949 WD AGO From 53-55 shows –

* service as a Military policeman with the 5001 Administrative Support Unit, Station Command, 5th Army 
* award of the World War II Victory Medal during this period

7.  Army Regulation 600-8-22 (Military Awards) states that:

   a.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  President Roosevelt authorized the Bronze Star Medal by Executive Order 9419 dated 4 February 1944, retroactive to 7 December 1941.  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.  As a result of a policy implemented 10 September 1947, the retroactive award of the Bronze Star Medal was authorized to soldiers who had received the Combat Infantryman Badge or the Combat Medical Badge during World War II.  Both badges required a recommendation by the commander and a citation in orders.  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.
    
   b.  The Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.
   
   c.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the European-African-Middle Eastern Campaign Medal.  Based on the applicant's WD AGO Form 53-55 he is shown to have served during the Rhineland and the Central Europe Campaigns.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows, in part, occupation credit awarded to units subsequent to the end of World War II.  This pamphlet shows the 23rd Infantry Regiment was awarded occupation credit for Germany during the period 2 May to 4 June 1945.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in two campaigns during World War II and is authorized to wear two bronze service stars on his European-African-Middle Eastern Campaign Medal.  It would be appropriate to correct the record to reflect these appurtenances.

2.  The applicant was in his second enlistment period when he received a retroactive award of the Bronze Star Medal.  It appears that this award was based on the special conditions and regulations affording Soldiers the Bronze Star Medal if they had been awarded the Combat Infantryman Badge during World War II.  Because the period for the award was during his first enlistment, it would be appropriate to add the Bronze Star Medal to his 28 January 1946 WD AGO Form 53-55.

3.  The applicant's Bronze Star Medal Certificate reflects an incorrect ASN.  It would be appropriate to issue the applicant a corrected certificate showing his ASN as xx-xxx-664, as shown on his WD AGO Forms 53-55.

4.  The applicant served in Germany during the period for which his unit received occupation credit, and he was awarded the European-African-Middle Eastern Campaign Medal for service prior to 9 May 1945.  It would be appropriate to add the Army of Occupation Medal with Germany Clasp to his 28 January 1946 WD AGO Form 53-55. 

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:

	a.  deleting the European-African-Middle Eastern Campaign Medal from the applicant's 28 January 1946 WD AGO Form 53-55;

	b.  showing, on his 28 January 1946 WD AGO Form 53-55, that the applicant's awards also include the Bronze Star Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, and the Army of Occupation Medal with Germany Clasp; and 

	c.  issuing the applicant a corrected Bronze Star Medal Certificate showing his ASN as xx-xxx-664.



      ____________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)                                         AR20140014883



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ABCMR Record of Proceedings (cont)                                         AR20140014883



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