IN THE CASE OF: BOARD DATE: 18 SEPTEMBER 2008 DOCKET NUMBER: AR20080012077 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 through his Congressional representative award and the issuance of the Bronze Star Medal. 2. The applicant states through his Congressional representative that he is entitled to this award based on his award of the Combat Infantryman Badge. 3. The applicant provides the following additional documentary evidence in support of his application: a. Headquarters, 186th Infantry, General Orders Number 9, dated 4 September 1944, awarding him the Combat Infantryman Badge. b. Honorable Discharge Certificate, dated 9 June 1945. c. WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge), dated 9 June 1945. 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 that the applicant’s 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 applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 20 June 1941, in Chicago, Illinois. He was trained in military occupational specialty (MOS) 060 (Cook). This form also shows that he was assigned to Company F, 186th Infantry, at the time of his separation. 4. The applicant's WD AGO Form 53-55 shows he served in the Asiatic-Pacific Theater from 13 May 1942 to 30 May 1945. He completed 10 months and 5 days of continental service and 3 years, 1 month, and 9 days of foreign service. He was honorably separated on 9 June 1945. 5. Item 31 (Military Qualifications and Date) of the applicant’s WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge. 6. Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Southern Philippines, Papua, and New Guinea campaigns during World War II (WWII). 7. Item 33 (Decorations and Citations) of the applicant's AGO Form 53-55 shows the applicant was awarded the Asiatic-Pacific Theater Campaign Medal with three bronze service stars, the Good Conduct Medal, the Philippine Liberation Ribbon with one bronze service star, six Overseas Service Bars, and the American Defense Service Ribbon. Item 33 does not show award of the Bronze Star Medal. 8. The applicant's reconstructed records do not contain General Orders awarding him the Bronze Star Medal. 9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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. 10. The FSM's records show that he is entitled to additional awards that are not listed on his WD AGO Form 53-55. 11. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations. It states, in pertinent part, that 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 shows that the applicant was awarded the Combat Infantryman Badge. Therefore, he is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show the Bronze Star Medal. 2. The evidence of record also shows that the applicant served a qualifying period of service for award of the World War II Victory Medal which is not shown on his records. Therefore, he is entitled to correction of his records to show this award. BOARD VOTE: __XXX __ __XXX__ __XXX__ 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 showing and issuing the applicant the Bronze Star Medal and The World War II Victory Medal. ___ XXX ___ 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) AR20080012077 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080012077 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1