IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150008035 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X__ ____X___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150008035 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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. IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150008035 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, in effect, correction of his War Department Adjutant General Office (WD AGO) Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show the Bronze Star Medal with "V" Device. 2. The applicant states he was awarded the Bronze Star Medal for valor as a result of heroic action during a counterattack on Okinawa, Japan. 3. The applicant provides General Orders Number 689, issued by Headquarters, 96th Infantry Division on 10 September 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 was inducted into the Army of the United States on 21 July 1943 and entered active duty on 11 August 1943. 3. His record shows he was assigned to Company E, 381st Infantry Regiment, 96th Infantry Division. Additionally he: * departed the Continental United States (CONUS) on 26 July 1944 and arrived in the Central Pacific Theater of Operations (CPTO) on 31 July 1944 * departed the CPTO on 14 September 1944 and arrived in the Southwest Pacific Theater of Operations (SWPTO) on 20 October 1944 * departed the SWPTO on 17 January 1946 and arrived in CONUS on 2 February 1946 4. General Orders Number 689, issued by Headquarters, 96th Infantry Division on 10 September 1945, awarded the applicant the Bronze Star Medal. The applicant's citation states: …for heroic service in connection with military operations against the enemy on Okinawa Island on 12 May 1945. [The applicant] left his covered position during an enemy counterattack and crawled to an exposed position from which he could observe the enemy. He held this position throughout an enemy knee mortar barrage and directed the successful defense of his platoon's position. He directed the grenade-throwing of his men to the best advantage and personally accounted for seven of the enemy. His heroic action and outstanding qualities of leadership reflect great credit upon himself and the military service. a. These general orders cite the applicant and 6 other service members for action; each were awarded the Bronze Star Medal. b. Included with each service member's personnel information is a brief citation referring to each service member's "heroic service." 5. The applicant was honorably discharged on 8 February 1946 after completing 2 years, 6 months, and 18 days of net active service, of which 1 year, 6 months, and 7 days were credited as foreign service. His WD AGO Form 53-55 shows in item 31 (Military Qualifications and Date) award of the Combat Infantryman Badge. Item 33 (Decorations and Citations) shows he was awarded or authorized the: * Asiatic-Pacific Campaign Medal with bronze arrowhead device * Philippine Liberation Ribbon with two bronze service stars * Good Conduct Medal * Bronze Star Medal [General Order Number 689] REFERENCES: 1. Army Regulation 600-45 (Personnel Decorations), dated 22 September 1943 did not authorize award of the Bronze Star Medal. a. Army Regulation 600-45, change 1, dated 9 March 1944, added the Bronze Star Medal to the list of existing awards and states: (1) The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States, on or after 7 December 1941, distinguishes, or has distinguished himself by heroic or meritorious achievement or service not involving participation in areal flight, in connection with military operations against an enemy of the United States. The required achievement or service for award of the Bronze Star Medal is less than that required for the Silver Star or the Legion of Merit, but must nevertheless be accomplished with distinction. The Bronze Star may be awarded to recognize minor acts of heroism in actual combat or single acts of merit, or meritorious service in either sustained operational activities against an enemy or in direct support of such operations. (2) At the time change 1 was published there was no provision for a "V" Device denoting award of the Bronze Star Medal for valor or heroism. b. Army Regulation 600-45, change 5, dated 11 November 1944 states the Bronze Star Medal may be awarded for acts of service performed between 7 December 1941 and 4 February 1944, both dates inclusive, provided the recommendation therefor shall have been made on or before 4 February 1946 and also provided that the award is made prior to 4 February 1947. (At the time change 5 was published, there was no provision for awarding a "V" Device for valor or heroism.) c. Army Regulation 600-45, change 7, dated 14 July 1945, states the Bronze Star Medal may be awarded providing acts or service justifying the award were performed during the period commencing 7 December 1941 and ending with the dated of the termination of hostilities in the present war, and the recommendation for the award is initiated not later than 6 months after the latter date. (At the time change 7 was published, there was no provision for awarding a "V" Device for valor or heroism.) d. Army Regulation 600-45, change 11, dated 19 May 1947, states the Bronze Star Medal is awarded to persons who, while serving in any capacity with the Army, on or after 7 December 1941, distinguished themselves by heroism in combat against the armed enemy, in operations not involving participation in areal flight. The Bronze Star Medal may be awarded to recognize minor acts of heroism in actual ground combat against the enemy where the Silver Star is not warranted. (1) Letter "V" Device is authorized for wear on the suspension ribbon of the Bronze Star Medal to indicate the award was for heroism (valor). All orders awarding the Bronze Star Medal will specify whether the award was for heroism, meritorious achievement, or meritorious service. (2) The change to the regulation did not provide for retroactive review of Bronze Star Medal citations for the purpose of determining which past recipients of the award were authorized to wear the "V" Device. 2. Army Regulation 600-8-22 (Military Awards), currently in effect, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation states 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. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with award of the Bronze Star Medal. The "V" device must be approved by the proper authority and announced in official orders. DISCUSSION: 1. The applicant and several other Soldiers were awarded the Bronze Star for heroism on 10 September 1945. He was subsequently discharged on 8 February 1946. His WD AGO Form 53-55 lists his Bronze Star Medal. 2. Army Regulation 600-45, change 11, dated 19 May 1947, was issued more than a year after the applicant's discharge. This change provided for the "V" Device and stated that a letter "V" Device was authorized for wear on the Bronze Star Medal suspension ribbon. However, prior to this change, there was no regulatory guidance authorizing the "V" Device. This being the case, his award of the Bronze Star Medal was and remains accurately recorded on his WD AGO Form 53-55. The applicant should note, however, that the orders authorizing the award clearly show he received the award for his heroic acts. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008035 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008035 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2