MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 March 2003                  
	DOCKET NUMBER:   AR2002077190

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Frank C. Jones, II		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that he be awarded the Bronze Star Medal.

APPLICANT STATES:  That he was recommended for the award at the time of his transfer, but it was never received.  He submits a copy of a 30 November 1944 memorandum to substantiate his case.  He lists May 2002 as the date of discovery of the error or injustice and states that the Board should consider the case because he only recently discovered the substantiating document.  He submitted a 30 September 1944 memorandum to substantiate his request.

EVIDENCE OF RECORD:  The applicant's military records show:

During World Word II he served in the European-African-Middle Eastern Theater of Operations as a Judge Advocate officer.  According to his 10 March 1946 Certificate of Service, when he was separated from active duty due to demobilization, he participated in the Sicily, Tunisia, Rome-Arno and Algeria-French Morocco campaigns.  He was entitled to wear a bronze service star for each of those campaigns on the European-African-Middle Eastern Service Medal.   After the war the applicant affiliated with the Army Reserve and ultimately retired as a colonel in 1972.

The 30 September 1944 memorandum, which the applicant submitted with his application, is from the Acting Adjutant, 331AAA S/L Battalion.  It reads:

SUBJECT:  Battle Participation Awards

TO           :  Commanding Officer P.B.S. APO 782, U.S. Army

1.  Request the following officer be issued a bronze star for participation in the Rome-Arno Campaign from June 14, 1944 to August 7, 1944.  Authority:  Letter HQ MATOUSA, File AG 200.6/040 P-O. Subject:  Battle Participation Awards, Dated 10 November 1944.

2.  Captain [Applicant] was transferred to your command per Ltr Orders 7th Army and left this organization on 24 August 1944.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the 

event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.

The regulation also authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  A silver service star is worn in lieu of five bronze service stars.

During the processing of this case a search was made of the historical files at the National Archives, Suitland Maryland.  That search failed to reveal any evidence to show that the applicant had been awarded or recommended for the Bronze Star Medal. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations it is concluded:

1.  The submitted document is clearly a request that the applicant be authorized a bronze service star representing campaign credit for the Rome-Arno campaign. The applicant apparently misinterpreted it as a recommendation for the Bronze Star Medal.  

2.  There is no available evidence that he was ever awarded or recommended for an award of the Bronze Star Medal.  

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__WTM__  ___LDS_  ___FCJ__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002077190	
SUFFIX		
RECON		
DATE BOARDED	20030306	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.