IN THE CASE OF:	  

		BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150001329 


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 the records of her deceased father, a former service member (FSM), be corrected to show award of the Bronze Star Medal.

2.  The applicant states the FSM served during World War II; he was recommended for award of the Bronze Star Medal on 8 May 1945.  The action took place near the end of the war and near his separation date.  It appears due to the fire that occurred in 1973, the records were destroyed.  To substantiate this claim, she is providing the recommendation for this award.  Her father earned the respect of his superiors and his records should reflect this honor. 

3.  The applicant provides:

* Recommendation for Award of the Bronze Star Medal, dated 8 May 1945
* Printout titled "Military Record" 
* FSM's certificate of death
* Honorable Discharge Certificate 
* WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) 
* Congressional correspondence
* Her birth 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 FSM'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 his records were lost or destroyed in that fire.  However, the documents provided were sufficient to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty in Dallas, TX, on 2 April 1941.  At the time of separation, he held military occupational specialty 861 (Surgical Technician) and he was assigned to the 477th Motor Ambulance Company.

4.  The FSM's WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 19 July 1944 and arrived in the European Theater of Operations (ETO) on 26 July 1944.  He departed the ETO on 23 October 1945 and arrived back in CONUS on 2 November 1945. 

5.  The FSM's WD AGO Form 100 (Separation Qualification Record) shows he served overseas for 16 months with the 477th Ambulance Company, attached to the 3rd Army in France, Austria, Luxembourg, and Germany.  He was in charge of 22 enlisted personnel and 10 ambulances evacuating wounded men from the front lines to evacuation hospitals.

6.  The FSM was honorably separated at Camp Fanning, TX, in the rank of staff sergeant, on 9 November 1945.  His WD AGO Form 53-55 shows in: 

* Item 31 (Military Qualifications and Date), he was not awarded any badges
* Item 32 (Battles and Campaigns), he participated in the Northern France, Ardennes, Rhineland, and Central Europe campaigns
* Item 33 (Decorations and Citations), the American Defense Service Medal, American Theater Campaign Medal, Good Conduct Medal, and European-African-Middle Eastern (EAME) Campaign Medal with 4 bronze service stars
* Item 37 (Total Length of Service), he completed 3 years, 3 months, and 24 days of continental service and 1 year, 3 months, and 14 days of foreign service

7.  The applicant provides an unsigned Recommendation for Award of the Bronze Star Medal and a proposed citation, initiated by the company commander, 477th Motor Ambulance Company, on 8 May 1945, recommending the FSM for award of the Bronze Star Medal for meritorious service in connection with military operations not involving aerial flight against an enemy of the United States from 15 September 1944 to 15 March 1945.

8.  The FSM's available records do not contain orders or an instrument confirming award of the Bronze Star Medal. 

9.  On 16 September 2105, during the processing of this case, the Awards and Decorations Branch, U.S. Army Human Resources Command, advised a member of the Board staff that their office had responded to a Congressional inquiry concerning the FSM in September 2014.  They stated they had received an incomplete Bronze Star Medal recommendation and could not locate orders for the award in the World War II records they maintain on microfiche.  At that time, they advised the interested parties to submit a records request to the National Archives and Records Administration, College Park, MD.  

10.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

12.  DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation credit for World War II and the Korean War.  This pamphlet shows the 477th Motor Ambulance Company received occupation credit for Germany from 2 May to 31 October 1945. 

13.  Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the FSM served on active duty from 2 April 1941 to 9 November 1945, during which, he served in Europe from 26 July 1944 to 23 October 1945.

	a.  His record is void of an order awarding him the Bronze Star Medal.  However, the applicant provides a Recommendation for Award of the Bronze Star Medal and a proposed citation, initiated by the company commander, 477th Motor Ambulance Company, on 8 May 1945, recommending the FSM for award of the Bronze Star Medal for meritorious service in connection with military operations not involving aerial flight against an enemy of the United States from 15 September 1944 to 15 March 1945.  

	b.  The recommendation, citation, period of service, grade, and performance cited in the recommendation are all consistent with the FSM's records as shown on his WD AGO Form 53-55 and WD AGO Form 100.  It is possible the approving authority approved the award but the orders have been misplaced or lost.  Any doubt should be resolved in the FSM's favor.

	c.  Despite the absence of orders, there is other evidence present that is sufficient to support awarding the FSM the Bronze Star Medal and correcting his records to show this award. 

2.  The FSM served a qualifying period of service for award of the World War II Victory Medal, which is not listed on his separation document. 

3.  The FSM's unit during World War II was awarded occupation credit for Germany from 2 May to 31 October 1945.  For award of the Army of Occupation Medal with Germany Clasp, the qualifying service must have occurred between 9 May 1945 and 5 May 1955.  The FSM served a qualifying period of service for award of the Army of Occupation Medal with Germany Clasp, which is not listed on his separation document. 

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:

* Posthumously awarding the FSM the Bronze Star Medal for meritorious service in connection with military operations not involving aerial flight against an enemy of the United States from 15 September 1944 to 15 March 1945
* Adding to his WD AGO Form 53-55 the Bronze Star Medal, World War II Victory Medal, and Army of Occupation Medal with Germany Clasp



      _____________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)                                         AR20150001329





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001329



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1