IN THE CASE OF: BOARD DATE: 29 May 2012 DOCKET NUMBER: AR20110020884 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) to show he is authorized the Bronze Star Medal (BSM) and the Presidential Unit Citation (PUC). 2. The applicant states: * he was in Company D, 503rd Parachute Infantry Regiment * when he was discharged he received a BSM with information sheet * he also received a PUC with no information sheet * his awards are not shown on his DD Form 214 3. The applicant provides: * two copies of a BSM Certificate, dated 18 May 1956 * WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge 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 applicant's official military personnel records are not on file. Information herein was obtained from evidence submitted by the applicant. 3. He was inducted into the Army on 6 March 1943. He completed training as a combat infantryman. 4. The applicant was honorably discharged on 16 August 1947. His WD AGO Form 53-55 shows the following awards: * American Campaign Medal * Asiatic Pacific Theater Ribbon with three bronze service stars * Philippine Liberation Ribbon with one bronze service star * Purple Heart * Combat Infantryman Badge (CIB) * World War II Victory Medal * Lapel Button * Good Conduct Medal 5. His WD AGO Form 53-55 also shows he was assigned to Company B, 503rd Parachute Infantry Regiment. 6. Army Regulation 600-8-22 (Military Awards) states the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. 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 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of CIB or the Combat Medical Badge is considered to be a citation in orders. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II. 7. Department of the Army (DA) Pamphlet 672-1 (Campaign Participation Credit Register) shows the unit to which the applicant was assigned was awarded the PUC (known as the Distinguished Unit Citation until 3 November 1966), on 6 June 1944, in War Department General Orders Number 4-45. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. His supporting evidence has been considered. 2. The available evidence shows he is authorized award of the BSM based on his CIB. 3. General orders show the applicant's unit was awarded the PUC on 6 June 1944. 4. In view of the above, the applicant's WD AGO Form 53-55 should be amended to add these two awards. 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 his WD AGO Form 53-55 to add the Bronze Star Medal and the Presidential Unit Citation. _______ _ _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) AR20110020884 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110020884 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1