IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150012904 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150012904 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 for his service in World War II based upon his award of the Combat Infantryman Badge * deleting from his WD AGO Form 53-55 the EAMET Ribbon * adding to his WD AGO Form 53-55 the: * Bronze Star Medal * European-African-Middle Eastern Campaign Medal with 3 bronze service stars * World War II Victory Medal * American Campaign Medal 2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any corrections in excess of those described above. __________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: 9 August 2016 DOCKET NUMBER: AR20150012904 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 son of a deceased former service member (FSM), requests the correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the: * Bronze Star Medal * World War II Victory Medal * American Campaign Medal * Honorable Service Lapel Button 2. The applicant states his father's military records were destroyed in a fire. 3. The applicant provides: * the FSM's WD AGO Form 53-55 * the FSM's Honorable Discharge Certificate * two letters from the National Personnel Records Center (NPRC) * a certificate of death * a birth certificate 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 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 the FSM's records were lost or destroyed in that fire. However, the applicant provided the FSM's WD AGO 53-55 which is sufficient 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 30 December 1943 and he entered active duty on 20 January 1944. At the time of his separation, he held military occupational specialty 745 (Rifleman) and his last unit of assignment was with Headquarters Company, 3rd Battalion, 349th Infantry Regiment. The specific dates of his service with the 349th Infantry are not known. 4. His WD AGO Form 53-55 shows he departed the United States on 1 July 1944 and he arrived outside the continental United States (OCONUS) in the European-African-Middle Eastern Theater of Operations (EAMETO) in Italy on 15 July 1944. He departed OCONUS on 21 August 1945 and arrived back in CONUS on 30 August 1945. 5. He was honorably discharged on 10 November 1945. He completed 1 year, 10 months, and 11 days of continental service and 1 year, 1 month, and 29 days of foreign service. 6. His WD AGO Form 53-55 shows: a. He was wounded in action in Italy on 30 October 1944 and that he participated in the Po Valley, North Apennines, and Rome-Arno campaigns. b. He was awarded the: * Combat Infantryman Badge * Purple Heart * EAMET Ribbon [properly known as the European-African-Middle Eastern Campaign Medal] * Army Good Conduct Medal c. Item 55 (Remarks) contains an entry that stated he was issued the [Honorable Service] Lapel Button. 7. The FSM died on 16 July 1994. REFERENCES: Army Regulation 600-8-22 (Military Awards) states: a. 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. b. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. c. The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year. d. A bronze service star is authorized with European-African-Middle Eastern Campaign Medal for each campaign a member is credited with participating in. DISCUSSION: 1. The evidence confirms the FSM was awarded the Combat Infantryman Badge during World War II; based on this award, he meets the criteria for award of the Bronze Star Medal. 2. He served during a qualifying period for award of the World War II Victory Medal and served in the continental United States during a qualifying period for award of the American Campaign Medal. However, neither medal is shown on his WD AGO 53-55. 3. He served in the EAMETO and participated in three campaigns during this service. He is authorized three bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal. 4. With respect to the Honorable Service Lapel Button, this button was issued to the FSM and is listed on his WD AGO 53-55 as the "Lapel Button." No further action is required on this issue //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012904 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012904 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2