RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 March 2008 DOCKET NUMBER: AR20070015100 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. Richard T. Dunbar Chairperson Mr. Gerald J. Purcell Member Ms. Rea M. Nuppenau Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the Amy of Occupation Medal with Germany Clasp. 2. The applicant states that, due to the large number of discharges, his award of the Army of Occupation Medal was omitted from his records. 3. The applicant provides a copy of his WD AGO Form 53-55 and an extract from the Timberwolf Howl, an organizational newsletter. 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. On 23 June 1943, the applicant enlisted in the Army of the United States. He departed for the European Theater of Operations (ETO) on 27 August 1944. He served with Company C, 414th Infantry Regiment, 104th Infantry Division and participated in three campaigns. On 2 July 1945, he departed the ETO and returned to the United States on 11 July 1945. The applicant was discharged on 31 January 1946 with an honorable characterization of service. He had attained the rank of private first class, and had completed 2 years, 5 months and 9 days of creditable active service. 4. Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 lists the Combat Infantryman Badge and the Expert Infantryman Badge. 5. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55, lists his campaigns as Northern France, Rhineland, and Central Europe. 6. Item 33 (Decorations and Citations) of his WD AGO Form 53-55, lists his awards as the Good Conduct Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, American Theater Medal, and the World War II Victory Medal. It does not show award of the Army of Occupation Medal with Germany Clasp. 7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II. This publication shows that the 414th Infantry Regiment, during the time of the applicant's assignment, was credited for award of the Army of Occupation Medal with Germany Clasp. 8. 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. DISCUSSION AND CONCLUSIONS: 1. Records show that the applicant’s unit was credited for a qualifying period of service for award of the Army of Occupation Medal with Germany Clasp. Therefore, his WD AGO Form 53-55 should be corrected to show this award. 2. The available evidence shows that the applicant was awarded the Combat Infantryman Badge for his service in the European Theater of Operations during World War II. Accordingly, he is also entitled to award of the Bronze Star Medal. Therefore he should be awarded the Bronze Star Medal. BOARD VOTE: _ RTD __ _RMN _ __GJP __ 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. awarding him the Bronze Star Medal; and b. showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the Bronze Star Medal and the Army of Occupation Medal with Germany Clasp. ___ Richard T. Dunbar____ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.