IN THE CASE OF:  	  

		BOARD DATE:  23 April 2015  	  

		DOCKET NUMBER:  AR20140015029 


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, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Bronze Star Medal and Distinguished Unit Citation (now known as the Presidential Unit Citation).

2.  He states, in effect, that the FSM was eligible for award of the Bronze Star Medal based upon his award of the Combat Infantryman Badge.  He further states that the FSM served as an infantryman assigned to the 311th Infantry Regiment, 78th Infantry Division during World War II and this unit was awarded the Presidential Unit Citation for the period 30 January to 7 February 1945 per War Department General Order Number 30-46.

3.  The applicant further states that his discovery of his father's eligibility for additional awards has invigorated him to have his father's military records corrected to reflect all his authorized awards so his family, especially his father's great-grandchildren, may know and recognize his true service. The applicant and his family maintain stalwart faith in our country and Armed Forces to this day.  The applicant feels these corrections will honor his father's service as well as justly convince present and future generations of Soldiers "baptized in combat" that our nation will gladly acknowledge their verified submissions for corrections regardless of longevity since service. 




4.  He provides:

* a self-authored statement
* the FSM's WD AGO Form 53-55
* the FSM's Certificate of Death
* a letter from the National Personnel Records Center
* an extract from Army Regulation 600-8-22  (Military Awards) pertaining to 
     the Bronze Star Medal
* an extract from Department of the Army Pamphlet 672-1 (Unit Citation and 
    Campaign Participation Credit Register) pertaining to the FSM's unit

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 FSM's military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  This case is being considered using the WD AGO Form 53-55 provided by the National Personnel Records Center and the applicant.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 27 April 1944.  His final unit of assignment was 311th Infantry Regiment, 78th Infantry Division.  He was honorably discharged on 28 January 1946 after completing a total of 1 year, 7 months, and 20 days of active military service.  He held the grade of private first class on the date of separation.

4.  The FSM's WD AGO Form 53-55 also contains the following pertinent information:

	a.  Item 4 (Arm or Service) shows he served in the infantry.

	b.  Item 30 (Military Occupational Specialty and Number) shows he was a Rifleman (745).

	c.  Item 31 (Military Qualification and Date ) shows award of the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M1, .30 Caliber).

	d.  Item 32 (Battles and Campaigns) shows he participated in the Ardennes, Rhineland and Central Europe campaigns.

	e.  Item 33 (Decorations and Citations) shows he was awarded or authorized the:

* Purple Heart
* European-African-Middle Eastern Service Ribbon (correctly known as the European-African-Middle Eastern Campaign Medal)
* World War II Victory Medal
* American Theater of Operations Service Ribbon (correctly known as the American Campaign Medal)
* Good Conduct Medal

	f.  Item 36 (Service Outside Continental U.S. and Return) shows he arrived in the European Theater of Operations on 17 October 1944 and returned to the continental U.S. on 29 May 1945.

	g.  Item 37 (Foreign Service) shows he performed 7 months and 18 days of foreign service.

5.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.

6.  Army Regulation 600-8-22 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 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 30 consecutive days at a normal post of duty in a qualifying location.  For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

	c.  The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

	d.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  This same regulation states a bronze service star will be awarded for wear on the European-African-Middle Eastern Campaign Medal for participation in each credited campaign.

7.  Department of the Army Pamphlet 672-1 shows the 311th Infantry Regiment, 78th Infantry Division was:

* credited with participation in the Ardennes, Rhineland and Central Europe 
campaigns
* awarded the Distinguished (Presidential) Unit Citation for actions during the period 30 January - 7 February 1945
* authorized occupation credit for Germany during the period 20 May to 31 October 1945 and therefore entitlement to the Army of Occupation Medal with Germany Clasp



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that the FSM's WD AGO Form 53-55 should be corrected to show he was awarded the Bronze Star Medal and the Presidential Unit Citation were carefully considered and determined to have merit.

2.  Army Regulation 600-8-22 states the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.  Therefore, the FSM is entitled to award of the Bronze Star Medal based upon his receipt of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to reflect this award.

3.  The available evidence shows the FSM served a qualifying period for award of the Presidential Unit Citation and the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to reflect these awards.

4.  Evidence also shows the FSM participated in three campaigns.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the European-African-Middle Eastern Campaign Medal with three bronze 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:
 
	a.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; 

	b.  deleting the European-African-Middle Eastern Campaign Medal from item 33 of his WD AGO Form 53-55;
	c.  adding to item 33 of his WD AGO Form 53-55 the:

* Bronze Star Medal
* Presidential Unit Citation
* Army of Occupation Medal with Germany Clasp
* European-African-Middle Eastern Campaign Medal with 3 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)                                         AR20140015029





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ABCMR Record of Proceedings (cont)                                         AR20140015029



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