IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150002379
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 Number 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Bronze Star Medal (BSM).
2. The applicant states he was awarded the Combat Infantryman Badge and therefore should have also received the BSM.
3. The applicant provides a copy of his WD AGO Form Number 53-55.
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 applicants 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 that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicants WD AGO Form Number 53-55 shows:
a. that he was an infantryman who served with the 1st Battalion, 188th Parachute Infantry Regiment; and
b. that his awards included:
* Asiatic-Pacific Theater Ribbon with two bronze battle stars
* Philippine Liberation Ribbon with one bronze battle star
* World War II Victory Medal
* Good Conduct Medal
* Army of Occupation Medal with Japan Clasp
* Combat Infantryman Badge
* Parachutist Badge
4. Army Regulation 600-8-22 (Military Awards) provides that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 BSM is to be awarded to individuals who were authorized this badge for service during World War II.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form Number 53-55 should be corrected to show award of the BSM based on his award of the Combat Infantryman Badge.
2. The available evidence shows that the applicant served in combat as an infantryman with an infantry regiment and was awarded the Combat Infantryman Badge. Therefore, he is authorized the BSM.
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
awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge and adding it to his WD AGO Form 53-55.
_______ _ 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) AR20130016144
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ABCMR Record of Proceedings (cont) AR20150002379
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