ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 June 2019 DOCKET NUMBER: AR20190004766 APPLICANT REQUESTS: in effect, correction of his WD AGO (War Department, Adjutant General's Office) Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show both his previously-awarded Bronze Star Medal and Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1577 (Authorization for Issuance of Awards) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, a DA Form 1577, issued by the National Personnel Records Center, shows he is authorized these awards. 3. The applicant's complete military records are not available for review. A fire in 1973 destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC). The Army personnel records affected dated between November 1912 and January 1960. It is believed his records were lost or destroyed in that fire. However, the NPRC provided a copy of his WD AGO Form 53-55, which offers sufficient information to address the applicant's request. His WD AGO Form 53-55 shows: * Date of Enlistment – 23 December 1940 * Date of Entry on Active Service – 3 March 1941 * Date of Separation – 29 July 1945 * Military Qualification and Date – Combat Infantryman Badge, 17 February 1945 * Decorations and Citations – Army Good Conduct Medal, American Defense Service Medal, Asiatic-Pacific Campaign Medal, Philippine Liberation Campaign Medal with one bronze service star 4. The applicant's WD AGO Form 53-55 shows the award of the Combat Infantryman Badge. Per Army Regulation (AR) 600-8-22 (Military Awards), the Bronze Star Medal may be awarded to Soldiers who distinguished themselves by exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945. For the purpose of this award, the Combat Infantryman Badge is considered as a citation in orders, and, as such, Combat Infantryman Badge recipients are to be awarded the Bronze Star Medal. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief. 1. The Board found sufficient evidence to grant relief for the portion of the applicant’s claim pertaining to amending the applicant’s WD AGO (War Department, Adjutant General's Office) Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his previously-awarded Bronze Star Medal 2. However, the Board did not find sufficient evidence of an error or injustice regarding the applicant’s claim pertaining to amending the WD AGO Form 53-55 to show his Combat Infantryman Badge, as that is already properly reflected in his record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 show his previously-awarded Bronze Star Medal 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his WD AGO Form 53-55 to show his CIB. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards and decorations. The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. It 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. Thus, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190004766 4 1