BOARD DATE: 1 June 2010 DOCKET NUMBER: AR20090020279 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 the Silver Star be added to his father's, a former service member (FSM), WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge). 2. The applicant states he believes the paperwork for the Silver Star had not reached the discharge authority before his father was discharged. 3. The applicant provides copies of: * his birth certificate * his father's death certificate * his father's WD AGO 53-55 and discharge certificate * Headquarters, 1st U.S. Infantry Division General Orders Number 145, dated 6 August 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 FSM’s service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973. The records available to the ABCMR were provided by the applicant and are sufficient for the Board to conduct a fair and impartial review of this case. 3. The FSM entered active duty on 3 February 1942. His WD AGO 53-55 shows he arrived in England on 7 August 1942 and returned to the U.S on 12 September 1945. 4. On 20 September 1945, the FSM was separated. Item 33 (Decorations and Citations) does not show he was awarded the Silver Star. However, item 33 does show he was awarded or is authorized other awards including the: * Bronze Star Medal * Purple Heart with First Oak Leaf Cluster * Army Good Conduct Medal * European-African-Middle Eastern Service Medal * Distinguished Unit Badge with First Oak Leaf Cluster * Combat Infantryman Badge 5. Headquarters, 1st U.S. Infantry Division General Orders Number 145, dated 6 August 1945, awarded the FSM the Silver Star for gallantry in action in Belgium on 21 December 1944. 6. Army Regulation 600-8-22 (Military Awards) 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. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. This provision did not go into effect until 10 September 1947. 7. Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service from 7 December 1941 through 31 December 1946. 8. Army Regulation 600-8-22 provides, in pertinent part, that an Oak Leaf Cluster is issued to denote award of a second and succeeding awards of decorations (other than the Air Medal) and unit awards. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the award of the Silver Star should be added to his father's WD AGO 53-55. 2. The general orders provided by the applicant show the FSM was awarded the Silver Star for gallantry in action. Therefore, it is appropriate to include this award on the FSM's WD AGO 53-55. 3. The FSM's WD AGO 53-55 shows he was awarded the Bronze Star Medal prior to his discharge on 20 September 1945. 4. The applicant was discharged prior to the provision that authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge. Therefore, he is entitled to the award of the Bronze Star Medal based on award of the Combat Infantryman Badge. Therefore, his WD AGO 53-55 should show he was awarded the Bronze Star Medal with First Oak Leaf Cluster. 5. Based on the FSM’s period of service he is entitled to the World War II Victory Medal. BOARD VOTE: ____x____ ___x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 FSM be corrected by: a. awarding the FSM the Bronze Star Medal with First Oak Leaf Cluster based upon award of the Combat Infantryman Badge; and b.. amending item 33 of the FSM's WD AGO 53-55 to show he was awarded or is authorized the: * Silver Star * Bronze Star Medal with First Oak Leaf Cluster * World War II Victory Medal _______ _ __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) AR20090020279 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090020279 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1