IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150004358 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, the daughter of a former service member (FSM), requests award of the Bronze Star Medal to her father. 2. The applicant states: * she has the power of attorney for her father * her father never received this medal which he is due * he fought in World War II as a Merrill's Marauder * he was a member of Company L, 475th Infantry Regiment 3. The applicant provides: * power of attorney documentation * her birth certificate * FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) 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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM'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 FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 24 February 1943 and he entered active duty on 3 March 1943. He served in the Asiatic-Pacific/China-Burma-India theater of operations from 25 May 1944 to 1 April 1945. He was honorably discharged on 10 January 1946. 4. His WD AGO Form 53-55 also shows: * his organization was Company L, 475th Infantry Regiment * he participated in the Central Burma, India-Burma, China Defensive, and China Offensive campaigns * he was awarded the Combat Infantryman Badge, Asiatic-Pacific Theater Ribbon (currently known as the Asiatic-Pacific Campaign Medal) with four bronze service stars, American Theater Ribbon, Army Good Conduct Medal, Distinguished Unit Badge, and World War II Victory Medal 5. Army Regulation 600-45 (Decorations), effective 13 October 1949, provided that the Bronze Star Medal was 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 for award of Bronze Star Medal. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. 6. Merrill's Marauders, officially named the 5307th Composite Unit (Provisional), was a U.S. Army long-range penetration special operations jungle warfare unit which fought in the Southeast Asian theatre of World War II, or China-Burma-India theater. The unit became famous for its deep-penetration missions behind Japanese lines, often engaging Japanese forces superior in number. DISCUSSION AND CONCLUSIONS: Based on award of the Combat Infantryman Badge, the FSM is eligible for award of the Bronze Star Medal. He should be awarded the Bronze Star Medal and his WD AGO Form 53-55 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 the evidence presented is 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. awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge, b. adding award of the Bronze Star Medal to his WD AGO Form 53-55, and c. issuing the medal set to the applicant. ______________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) AR20150004358 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004358 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1