BOARD DATE:	10 September 2015  

		DOCKET NUMBER:  AR20150001450 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show a second award of the Bronze Star Medal and any additional awards he may be entitled to.

2.  The applicant states he has certificates for two awards of the Bronze Star Medal while his WD AGO Form 53-55 only shows one award.  Additionally, he would like any other citations or awards he is entitled to added to his WD AGO Form 53-55. 

3.  The applicant provides his WD AGO Form 53-55 and three certificates.

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 complete 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, the applicant provided and his reconstructed record contained his WD AGO 53-55 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 13 February 1943 and he entered active duty on 20 February 1943.  At the time of his separation, he held military occupational specialty 844 (First Sergeant) and his last unit of assignment was with Battery B, 957th Field Artillery (FA) Battalion.  The specific dates of his service with the 957th FA Battalion are not known.

4.  His WD AGO Form 53-55 shows he departed the United States on 10 February 1944 and he arrived outside the continental United States (OCONUS) in the European-African-Middle Eastern Theater (EAMET) of Operations on 25 February 1944.  He departed OCONUS on 19 October 1945 and he arrived in CONUS on 29 October 1945.

5.  He was honorably discharged on 2 November 1945 at Fort Bragg, NC.  He completed 2 years, 9 months, and 13 days of creditable active service of which 1 year, 8 months, and 20 days was foreign service.

6.  His WD AGO Form 53-55 shows he participated in the Normandy, Northern France, Rhineland, Ardennes, and Central Europe campaigns and was awarded or authorized the:

* American Theater Campaign Medal 
* EAMET Campaign Medal with 5 bronze service stars
* Army Good Conduct Medal (1st Award)
* Bronze Star Medal, General Orders (GO) 11, Headquarters (HQ), 6th Armored [Division], 8 January 1945
* Expert Marksmanship Qualification Badge with Pistol Bar (45 Cal)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (30 Cal)

7.  The applicant provides two undated certificates issued by HQ, 6th Armored Division, showing he was awarded the Bronze Star Medal for his actions on 4 June 1945.  His rank at the time was corporal and his unit is shown as Battery B, 128th Armored FA Battalion.  The specific dates of his service with the 128th Armored FA Battalion are not known.  He did not provide general orders to support award of the citations.

	a.  One citation stated, “For heroic achievement in connection with military operations against an enemy of the United States in Bastogne, Belgium, on 4 January 1945.  While serving with a forward observation group, he voluntarily braved intense mortar, artillery, and small arms fire to accomplish three separate trips to a command post, thereby assuring the accomplishment of his unit’s mission.  Entered the military service from North Carolina.”

	b.  The second citation stated, “For heroic achievement in Belgium, given in the vicinity of Marvie on 4 January 1945.  While serving as assistant and messenger in a forward observer group, he with utter disregard for his own personal safety, under intense mortar, artillery and small arms fire, successfully accomplished three separate trips from the observation post to the 9th Armored Infantry Platoon Command Post located approximately one hundred yards to the rear.  In the latter part of the afternoon, with full knowledge of the withdrawal of the Armored Infantry outpost line of protection he persisted in the performance of his duty, assisting in the conducting of artillery fire so that one enemy tank was immobilized, four others were forced to withdraw and enemy equipment and personnel were destroyed.  Through these actions [the Applicant] reflected heroic credit upon himself the Battalion and the Field Artillery.  Entered the military service from North Carolina.”

8.  A map of Belgium shows Marvie is located near Bastogne in Luxembourg Province, Belgium.

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

	a.  Only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment. 

	b.  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.  

	c.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served during a qualifying period for entitlement to the award of the World War II Victory Medal.  Therefore, it would be appropriate to correct his WD AGO 53-55 to show this medal.

2.  General Order Number 11 issued by Headquarters, 6th Armored Division awarded the applicant the Bronze Star Medal.  With respect to a second award of the Bronze Star Medal, both citations provided by the applicant stated the Bronze Star Medal was awarded for heroic achievement on 4 January 1945, when he accomplished three separate trips to a command post under intense mortar, artillery, and small arms fire.  The governing regulation states only one decoration will be awarded to an individual for the same act or achievement.  While the first citation stated the action took place in Bastogne, the second one stated it took place near Marvie which is located near Bastogne, and it went into more details of the specific actions of the applicant.  It appears the first citation was rewritten to include more specific details of the applicant’s heroic actions on 4 January 1945.  As the applicant did not provide award orders to support his application for a second award of the Bronze Star Medal, there is an insufficient evidentiary basis upon which to grant this portion of the requested relief.

3.  Nevertheless, the applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his heroic actions and service in arms.

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 amending his WD AGO 53-55 by adding the World War II Victory Medal.

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 a second award of the Bronze Star Medal.  



      _______ _ 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)                                         AR20150001450





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