RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02373
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 2 FEB 2009
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Bronze Star Medal (BSM).
___________________________________________________________________
APPLICANT CONTENDS THAT:
His WD AGO 53-55, Enlisted Record and Report of Separation –
Honorable Discharge, dated 8 Dec 45, did not reflect award of the
BSM.
In support of his appeal, applicant submitted a news clip from 1944-
1945 timeframe from the Norwich Bulletin, Norwich, CT.
Applicant’s complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant’s records were destroyed by fire at the National
Personnel Record Center; therefore the following information has
been extracted from the documents provided by the applicant. Based
on available evidence, the applicant was inducted in the Army Air
Forces on 15 Mar 43. His highest grade held was private first
class. He served as a military policeman.
On 8 Dec 45, applicant was honorably discharged under the
provisions of AR 615-365 with a reason for separation of
convenience of the government. He was credited with 2 years,
8 months, and 24 days of active duty service, including 1 year,
9 months, and 17 days of foreign service. He was awarded the Good
Conduct Medal, European African Middle Eastern Theater Campaign
Ribbon, and the Victory Medal.
The Bronze Star Medal, authorized by Executive Order No. 9419 on
4 Feb 44, is awarded to a person in any branch of the military
service who, while serving in any capacity with the Armed Forces of
the United States on or after 7 Dec 41, shall have distinguished
himself by heroic or meritorious achievement or service, not
involving participation in aerial flight, in connection with
military operations against an armed enemy.
The award recognizes acts of heroism performed in ground combat if
they are of lesser degree than that required for the Silver Star.
It also recognizes single acts of merit and meritorious service if
the achievement or service is of a lesser degree than that deemed
worthy of the Legion of Merit; but such service must have been
accomplished with distinction.
Army personnel who, as members of the Armed Forces of the United
States between 7 Dec 41, and 2 Sep 45, were awarded the Combat
Infantryman's Badge or Medical Badge for exemplary conduct may upon
application receive the Bronze Star Medal. Although these World War
II badges were not authorized for award until after July 1, 1943,
those whose meritorious achievements in combat before that date can
be confirmed in writing may also be eligible for the Bronze Star
Medal.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. Based upon the
presumption of regularity in the conduct of governmental affairs
and without evidence to the contrary, we must assume that the
applicant's decorations were awarded properly and in compliance
with appropriate directives. Therefore, based on the available
evidence of record, we find no basis upon which to favorably
consider this application.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2007-02373 in Executive Session on 27 September 2007, under the
provisions of AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Mr. Wallace F. Beard Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Mar 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 13 Aug 07.
MICHAEL J. MAGLIO
Panel Chair
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