IN THE CASE OF: BOARD DATE: 27 March 2012 DOCKET NUMBER: AR20110018731 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 her deceased father, a former service member (FSM), be awarded the Bronze Star Medal (BSM). 2. The applicant states she believes her father is eligible to be awarded the BSM based on his having earned the Combat Infantryman Badge (CIB) during World War II (WWII). 3. The applicant provides the FSM’s death certificate, FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), CIB award memorandum, and National Personnel Records Center (NPRC) letter in support of the application. 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 complete military record is not available for the Board to review. A fire destroyed approximately 18 million service members' records at NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. This case is being considered using reconstructed records maintained by NPRC which include the FSM’s WD AGO Form 53-55. 3. The FSM’s WD AGO Form 53-55 shows he was inducted into the Army and entered active duty on 30 June 1944. Item 6 (Organization) shows he served with Company E, 184th Infantry Regiment. Item 31 (Military Qualifications) shows he earned the CIB and Item 32 (Battles and Campaigns) shows he participated in the Southern Philippines and Ryukyus campaigns of WWII. 4. Item 33 (Decorations and Citations) of the WD AGO Form 53-55 shows the FSM earned the following awards: * Purple Heart * Army Good Conduct Medal * American Theater Ribbon * Asiatic Pacific Theater Ribbon (now known as the Asiatic Pacific Campaign Medal (APCM)) * Philippine Liberation Ribbon * WWII Victory Medal 5. Item 36 (Service Outside the Continental United States and Return) shows the FSM served in the Pacific Theater of Operations (PTO) from 4 January through 1 June 1945. The WD AGO Form 53-55 shows he was honorably separated in the rank of private first class on 28 March 1946. 6. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 3-14d of Army Regulation 600-8-22 states the BSM 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. An award of the CIB is considered to be a citation in orders for the BSM. Therefore, the BSM is to be awarded to individuals who were authorized the CIB for service during WWII. 7. Paragraph 5-14 of the awards regulation contains guidance on the APCM. It states a bronze service star is authorized with this award for each campaign a member is credited with while serving in the PTO. DISCUSSION AND CONCLUSIONS: 1. The applicant’s request that the FSM's record be corrected to show award of the BSM has been carefully considered and found to have merit. 2. The available evidence confirms the FSM received the CIB during WWII. As a result, he is eligible to receive the BSM for exemplary conduct in ground combat in the PTO from 4 January through 1 June 1945. Therefore, the BSM should be added to item 33 of his WD AGO Form 53-55. 3. The WD AGO Form 53-55 shows the FSM was credited with participating in two campaigns while serving in the PTO. As a result, he is eligible for 2 bronze service stars to be worn with his APCM and these awards should be added to his WD AGO Form 53-55. 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 amending item 33 of his WD AGO Form 53-55 by deleting the Asiatic Pacific Theater Ribbon and adding the Asiatic Pacific Campaign Medal with 2 bronze service stars and the Bronze Star 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) AR20110018731 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110018731 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1