IN THE CASE OF:	  

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150001091 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show:

* Bronze Star Medal with Oak Leaf Cluster
* Expert Marksmanship Qualification Badge with Bar

2.  The applicant states the above awards were never posted to his WD AGO Form 53-55.

3.  The applicant provides copies of:

* WD AGO Form 53-55
* Letter to the Tioga County Veterans’ Service Agency, undated, with photographs of the applicant and his mother

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 are 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 the applicant's records were lost or destroyed in that fire.  However, there are sufficient documents available for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable discharge) shows:  

   a.  He was inducted into the Army of the United States on 26 April 1944 for duty as an infantryman.
   
   b.  He served in the European Theater of Operations (ETO) from 
23 December 1944 to 1 April 1947.
   
   c.  He participated in the Po Valley and Northern Apennine campaigns.
   
   d.  He was awarded:
   
* European-African-Middle Eastern Campaign Medal
* Good Conduct Medal
* World War II Victory Medal
* Army of Occupation Medal (Italy)
* Combat Infantryman Badge
* Lapel Button

e.  He was honorably discharged on 26 June 1947.

4.  Army Regulation 600-8-22 (Military Awards):

   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 is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.
	b.  The basic marksmanship qualification badge is awarded on orders that indicate the degree – Expert, Sharpshooter, or Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

   c.  A bronze service star is authorized for wear on the European-African-Middle Eastern Campaign Medal to indicate participation in each battle campaign.

	d.  An Oak Leaf Cluster is worn on the Bronze Star Medal to indicate a second award of the medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 should be corrected to show:

* Bronze Star Medal with Oak Leaf Cluster
* Expert Marksmanship Qualification Badge with Bar

2.  The available evidence shows the applicant was awarded the Combat Infantryman Badge for his service in the ETO during World War II.  Accordingly, he is also entitled to award of the Bronze Star Medal.  Therefore he should be awarded the Bronze Star Medal.

3.  Unfortunately, there is no available evidence showing the applicant was awarded a Bronze Star Medal for any other meritorious service or valorous act.  Therefore, a second award of this medal should be denied.

4.  The available evidence of record shows the applicant participated in two campaigns.  Therefore, two bronze service stars are authorized for wear on his already-award European-African-Middle Eastern Campaign Medal.

5.  The applicant’s contention that he qualified as an expert Marksman is noted. Unfortunately, the photographs he provides are not sufficient evidence without the orders that announced his weapons qualification.  Therefore, this portion of his request should be denied.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Deleting from his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal

b.  adding to his WD AGO Form 53-55 the:

* Bronze Star Medal
* European-African-Middle Eastern Campaign Medal with two bronze 
			service stars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to adding a second Bronze Star Medal or an Expert Marksmanship Qualification Badge.



      ____________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)                                         AR20150001091





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ABCMR Record of Proceedings (cont)                                         AR20150001091



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