IN THE CASE OF: BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150004546 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 award of the Bronze Star Medal based on his service in World War II. 2. The applicant states he feels he should have been awarded the Bronze Star Medal based for his service during World War II. 3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separations). 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 WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty at Fort Snelling, MN, on 10 October 1944. This form also shows at the time of separation he held military occupational specialty 745 (Rifleman) and he was assigned to Company I, 325th Glider Infantry Regiment. 3. His WD AGO 53-55 also shows he departed the Continental United States (CONUS) on 1 March 1945 and he arrived in the European Theater of Operations (ETO) on 9 March 1945. He departed the ETO on 29 December 1945 and arrived back in CONUS on 3 January 1946. 4. He completed 11 months and 1 day of CONUS service and 10 months and 3 days of foreign service. He was honorably discharged by reason of demobilization on 13 July 1946. His WD AGO Form 53-55 also shows in: * Item 31 (Military Qualifications and Date) he was awarded the Glider Badge (The Combat Infantryman Badge is not listed.) * Item 32 (Battles and Campaigns) he participated in two campaigns during World War II -- Rhineland and Central Europe * Item 33 (Decorations and Citations) shows the: * European-African Middle Eastern Campaign Medal with 2 bronze service stars * Good Conduct Medal * World War II Victory Medal * Army of Occupation Medal (Germany) 5. His WD AGO Form 372A (Final Payment Worksheet) shows he was receiving glider pay. It does not show he received combat infantry pay, a monthly pay supplement. 6. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental, or smaller size. 7. Additionally, WWII holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay. Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award. 8. Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal. The Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, were cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 9. Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 10. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION AND CONCLUSIONS: 1. There is no evidence in the applicant's records and he provides none to show he was recommended for or awarded the Bronze Star Medal. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendations, approval through the chain of command, and announcement in orders are required. Likewise, there is no evidence in his records and he provides none to show he was awarded the Combat Infantryman Badge and, therefore, he doesn't qualify for a conversion award of the Bronze Star Medal for his service in World War II. 2. Nevertheless, while the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. ___________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) AR20150004546 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004546 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1