BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20110002297 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Bronze Star Medal.  

2.  He states he’s entitled to the Bronze Star Medal because he was awarded the Combat Infantryman Badge in World War II.  

3.  He provides:

* his WD AGO Form 53-55
* the criteria for award of the "Bronze Star Medal for World War II for Combat Infantryman Badge and Combat Medical Badge Soldiers"

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.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 18 September 1943 and he entered active duty on 9 October 1943.  This document also shows in:

* item 31 (Military Qualification and Date (i.e. infantry, aviation, and marksmanship badges, etc.)) the Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* item 33 (Decorations and Citations) the American Theater Ribbon, European-African-Middle Eastern Campaign Medal with two bronze service stars, Army Good Conduct Medal, Purple Heart with one bronze cluster, and World War II Victory Medal
* item 36 (Service Outside Continental U.S. and Return)  he arrived in the European Theater of Operations on 2 September 1944 and he departed on 10 August 1945

4.  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.  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:

The applicant was awarded the Combat Infantryman Badge during World War II.  Therefore, he is authorized award of the Bronze Star Medal and correction of his DD Form 214 to show this decoration.



BOARD VOTE:

___x_____  ___x_____  __x______  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 based on award of the Combat Infantryman Badge; and 

   b.  adding the Bronze Star Medal to item 33 of his WD AGO Form 53-55.



      _______ _  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)                                         AR20110002297



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ABCMR Record of Proceedings (cont)                                         AR20110002297



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