IN THE CASE OF: BOARD DATE: 19 May 2009 DOCKET NUMBER: AR20090000497 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 award of the Bronze Star Medal. 2. The applicant states, in effect, that he earned the medal during World War II, that he was awarded the medal, and that the medal was omitted from his separation document. 3. The applicant provides a copy of his WD AGO Form 53-55 and a citation for award of the Bronze Star Medal for heroic achievement (i.e., the Bronze Star Medal with "V" Device) in support of his application. 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 was inducted on 15 January 1943 and entered active duty on 24 January 1943. He served in the European Theater of Operations from 6 April 1944 to 3 November 1945 and was honorably discharged on 16 November 1945. 4. Item 32 (Battles and Campaigns) on the applicant's WD AGO Form 53-55 shows he participated in five battles and campaigns. Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows the Good Conduct Medal, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal as authorized awards. 5. There are no orders for the Bronze Star Medal in the available records. However, the applicant provided a citation from the Office of the Commanding General, 83rd Infantry Division which shows the applicant was awarded the Bronze Star Medal for heroic achievement on 1 April 1945. 6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. The regulation states that the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” Device in conjunction with award of the Bronze Star Medal. 7. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 8. Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. This regulation also provides that a silver service star is authorized in lieu of five bronze service stars. DISCUSSION AND CONCLUSIONS: 1. There are no orders for the Bronze Star Medal in the available records. However, the citation from the Office of the Commanding General, 83rd Infantry Division shows the applicant was awarded the Bronze Star Medal for heroic achievement on 1 April 1945. Any reasonable doubt should be resolved in the applicant’s favor and, therefore, the citation is accepted as a sufficient basis for adding the Bronze Star Medal with "V" Device to the applicant's WD AGO Form 53-55. 2. The applicant served a period of qualifying service for award of the World War II Victory Medal. Therefore, his reconstructed record should be corrected to show this award. 3. The applicant participated in five battles and campaigns during World War II which makes him eligible for award of the European-African-Middle Eastern Campaign Medal with one silver service star. Therefore, his reconstructed record should be corrected to show this award. 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: a. deleting from item 33 of the applicant's WD AGO Form 53-55 the entry "European African Middle Eastern"; and b. adding to item 33 of the applicant's WD AGO Form 53-55 the Bronze Star Medal with "V" Device, World War II Victory Medal, and the European-African-Middle Eastern Campaign Medal with one silver service star. _________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) AR20090000497 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090000497 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1