APPLICANT REQUESTS: That he be awarded the Bronze Star, the Silver Star and the Presidential Unit Citation for service in World War II.
APPLICANT STATES: That he believes he should have been awarded the aforementioned medals prior to his discharge from the service but was not. In support of his request for the Silver Star he provides a copy of a letter in which his name is mentioned in connection with a Silver Star recommendation.
EVIDENCE OF RECORD: The applicant's military records were destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.
He was inducted on 6 June 1942 and after training as an infantryman served 1 year, 2 months and 17 days in the European Theater of Operations. He was honorably discharged upon demobilization on 20 October 1945 as a technical sergeant.
His WD AGO Form 53-55, Report of Separation, reflects that he was awarded the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the Purple Heart with two oak leaf clusters, and the Combat Infantryman Badge.
Despite the letter included with his application indicating that a recommendation for the Silver Star was submitted on his behalf, there is no evidence of a formal recommendation or approval of such an award in the record. Similarly, there is no evidence in the record or in the World War II campaign register to indicate that the unit to which he was assigned was awarded the Presidential Unit Citation.
Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized. The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.
The same regulation provides guidance for award of the Silver Star and the Bronze Star Medal. The Silver Star is awarded to a person who, while serving in any capacity with the US Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party. The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.
The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the US Army 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.
Subsequent to the cessation of hostilities during World War II, the regulation governing the award of the Bronze Star Medal was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the Combat Infantryman Badge or the Combat Medical Badge for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.
The Unit Citation and Campaign Participation Credit Register, lists units which have been awarded the Presidential Unit Citation and the Meritorious Unit Commendation.
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. Notwithstanding the letter supporting his request, there is no evidence to suggest that a formal recommendation for the Silver Star was ever submitted and/or lost or not acted upon by an officer authorized to approve the award.
2. The campaign credit register does not show that the unit to which he was assigned was awarded the Presidential Unit Citation.
3. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: Since the applicant was awarded the Combat Infantryman Badge for World War II service, he is also eligible for award of the Bronze Star Medal for meritorious achievement for the same period. Accordingly, the Commander US Army Reserve Personnel Center will be requested to issue to him a Bronze Star Medal for meritorious achievement.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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