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Decision Text

ARMY | BCMR | CY1980-1989 | 8708990
Original file (8708990.rtf) Auto-classification: Approved
2. The applicant requests reconsideration of his application for correction of his military records wherein he had asked that he be awarded the Silver Star. He also asks that his birth date and the grade shown of his Bronze Star Medal (BSM) Certificate be corrected and the proper oak leaf clusters (OLC) and “V” device be shown for his BSM.
3. He states that his records have been confused and he has been trying to straighten them out since World War II.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed records.

5. He enlisted in the Regular Army from the Massachusetts National Guard on 12 March 1940. He served 1 year, 2 months and 15 days in the European Theater of Operations and was honorably discharged upon demobilization on 7 November 1945 in the grade of private first class (PFC). His National Guard enlistment physical examination shows his date of birth as 18 August 1919 as does his Active Army separation qualification record. However, his WD AGO Form 53-55 (Report of Separation) shows his date of birth as 18 August 1918. This form also reflects that he was awarded the Good Conduct Medal, the American Defense Service Medal, the World War II Victory Medal, the American Theater Campaign Ribbon, the BSM with OLC and the European-African-Middle Eastern Campaign Ribbon.

6. Orders published on 26 November 1944 awarded the applicant, then a sergeant, the BSM for meritorious service. On 15 November 1944 he was recommended for the Silver Star by his unit commander for heroism. At that time he was in charge of a wire laying team that he directed in overcoming an enemy road block and killing the soldiers who were manning it. The Silver Star recommendation was favorably endorsed by the XII Corps Artillery Commander but the Commanding General of the XII Corps, who was the final approving authority for such awards, downgraded it to a BSM for heroism. Orders authorizing the BSM, the applicant’s second, were published on 8 December 1944.

7. His request for award of the Silver Star was denied by the Board on 14 December 1988.
8. Based on his request to the US Army Reserve Personnel Center (ARPERCEN) the applicant was issued a DA Form 1577 (Authorization for Issuance of Awards) dated 9 May 1994 which shows that he is entitled to the BSM with OLC (but does not indicate that he is also authorized a “V” device), and all of the awards indicated in paragraph 5, above, plus the Army of Occupation Medal with Germany clasp. The BSM Certificate prepared following this request for awards inadvertently shows his grade as PFC rather than sergeant which he was when the award was originally approved in 1944.

9. Army Regulation 600-22-8, Military Awards, provides, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

10. This regulation also provides that only one decoration will be awarded to an individual for the same act, achievement or period of meritorious service. For each succeeding act or period of meritorious service an OLC or numeral device will be awarded. Service stars are worn on campaign and service ribbons to denote an additional award. The “V” device is worn to denote participation in acts of heroism involving conflict with an armed enemy.

11. Military awards policy provides that a recommendation that has been formally entered into channels, properly processed and correctly acted upon by a commander or other official vested with the legal authority to act in finality is not subject to challenge or reconsideration. In the absence of material evidence of impropriety or administrative error, the Army does not reconsider awards based upon the honest, subjective judgments of its commanders.




CONCLUSIONS :

1. The applicant’s records appear to contain administrative errors that require correction. His date of birth, according to other evidence in the record, appears to be 18 August 1919 instead of 18 August 1918 as recorded on his WD AGO Form 53-55.

2. At the time he was awarded the BSM on 26 November 1944 he was a sergeant. Therefore, the replacement BSM Certificate issued to him on 9 May 1994 should reflect his grade as a sergeant rather than PFC as it now does.

3. On 8 December 1944 the applicant was awarded a BSM for heroism, which although the orders do not so specify, entitled him to the “V” device. Apparently, through an oversight, the DA Form 1577 reflecting the awards which he had earned does not show that he was awarded a “V” device to the BSM

4. While the applicant may have been recommended for a Silver Star that award was downgraded by the proper authority to a BSM for heroism. Having previously been awarded a BSM for meritorious service, in 1994 the ARPERCEN authorized the issuance of the 1st OLC indicating that it was the second time he was awarded a BSM. The “V” device should also have been added to show that it was awarded for heroism. Since only one decoration is awarded for the same act, achievement or period of meritorious service the applicant should have been recognized with an OLC and a “V” device to the BSM.

5. In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION :

1. That all of the Department of the Army records related to this case be corrected:

         a. by showing that the individual concerned was born on 18 August 1919;

         b. by showing that he was awarded a “V” device to his BSM; and

         c. by correcting his BSM Certificate to reflect his grade as sergeant rather than PFC.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE :

GRANT AS STATED IN RECOMMENDATION

GRANT FORMAL HEARING

DENY APPLICATION




                 
                  CHAIRPERSON

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