Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001051599C070420
Original file (2001051599C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 April 2001
         DOCKET NUMBER: AR2001051599


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

Mr. Carl W. S. Chun Director
Mr. Joseph A. Adriance Analyst

The following members, a quorum, were present:

Mr. John H. Kern Chairperson
Mr. Melvin H. Meyer Member
Ms. Margaret V. Thompson Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that his separation document be corrected to reflect the award of the Bronze Star Medal (BSM).

3. The applicant states, in effect, that he believes he is entitled to the BSM as a result of his action against the German Army in the European Theater of Operations (ETO) in early 1945, while he was a member of the 3rd platoon of the Company B, 820th Tank Destroyer (TD) Battalion. He indicates that he does not remember ever receiving the General Order (GO) awarding him the BSM but he does offer as evidence an extract of a unit history report in support of his application.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire.

5. The evidence or record does include a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), which was issued to the applicant on the date of his separation. This document verifies that he was inducted into the Army of the United States (AUS) on 30 May 1942 and confirms that he served on active duty until being honorably discharged on 12 November 1945, in the rank of corporal (CPL).

6. The WD AGO Form 53-55 also confirms that he participated in the Rhineland, Ardennes, and Central Europe campaigns of World War II, and that he was awarded the Good Conduct Medal, European-African-Middle Eastern Campaign Medal, American Theater Campaign Ribbon, and WW II Victory Medal.

7. In support of his request, the applicant provided an extract of a unit history report titled “History of Company B,. 820th Tank Destroyer Battalion.” This extract confirms that he served in the fourth section of the unit as a gunner and includes a “Roster of Awards” that lists his name with those members of the unit who were awarded the BSM.

8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Chapter
3 provides procedures and guidance pertaining to individual military decorations.

9. Paragraph 3-13 outlines the criteria for the award of the BSM. It states, 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 or herself by heroic or meritorious achievement or service in connection with military operations against an armed enemy.

CONCLUSIONS:

1. Although the applicant’s records were not available for review by the Board and there is no GO on file that documents he was awarded the BSM, the Board finds the evidence contained in the unit history report extract is sufficiently convincing to warrant relief in this case.

2. Lacking evidence to the contrary, the Board concludes that the applicant’s claim of entitlement to the BSM is adequately supported by the evidence contained in the unit history extract roster of awards, which lists him as a BSM recipient.

3. Therefore, the Board concludes, in the interest of justice and equity, that it would be appropriate to correct the record to show that the applicant earned the BSM by distinguishing himself by meritorious achievement in connection with military operations against an armed enemy, in the ETO during World War II, from 15 October 1944 to 1 July 1945.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the BSM for meritorious achievement in connection with military operations against an armed enemy, in the ETO during World War II, from 15 October 1944 to 1 July 1945, and by issuing him a corrected separation document that reflects this change.

BOARD VOTE:

___mm__ ___jhk___ ___mvt__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___ John H. Kern ___
                  CHAIRPERSON



INDEX

CASE ID AR2001051599
SUFFIX
RECON
DATE BOARDED 2001/04/17
TYPE OF DISCHARGE HD
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR 615-365
DISCHARGE REASON Demobilization
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 60 107.0014
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2008 | 20080001327

    Original file (20080001327.txt) Auto-classification: Approved

    Absent any evidence that the applicant's unit (Company D, 18th Tank Battalion) was credited with participating in the Rhineland campaign, there is an insufficient evidentiary basis to support awarding a 3rd bronze service star with the FSM's EAME Campaign Medal, as requested by the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Bronze Star Medal, or his exemplary conduct in ground combat...

  • ARMY | BCMR | CY2002 | 2002067479C070402

    Original file (2002067479C070402.rtf) Auto-classification: Approved

    The applicant’s military records were not available to the Board for review. The Board finds the available evidence is sufficiently convincing to support the applicant’s that he served in Company M, 101 st Infantry Regiment, for the majority of his combat service in the ETO during World War II and that the unit currently listed in his separation document was a transitional unit to which he was assigned for separation movement and processing. That all of the Department of the Army records...

  • ARMY | BCMR | CY2013 | 20130018545

    Original file (20130018545.txt) Auto-classification: Approved

    The applicant's complete military records are not available to the Board for review. The evidence of record confirms the applicant received an injury as the result of enemy action in the European theater on 12 October 1944 as annotated on his WD AGO Form 53-55. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for injuries received due to hostile action in the European theater on 12 October...

  • ARMY | BCMR | CY2006 | 20060010786C071029

    Original file (20060010786C071029.doc) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO. Given the applicant received the BSM during World War II, it would be appropriate to correct his record and separation document to show he is entitled the 1st Oak Leaf Cluster with his BSM based on entitlement to the CIB.

  • ARMY | BCMR | CY2006 | 20060014180C071029

    Original file (20060014180C071029.doc) Auto-classification: Approved

    In support of her applications, the applicant submitted, in three submissions, addendums to the DD Form 149s, Application for Correction of Military Record; a copy of the FSM's WD AGO Form 53-55; a copy of the FSM's birth certificate; a copy of an application for pension or compensation, which was submitted to the Department of Veterans Affairs (VA), on 4 March 1946; a copy of a page extracted from the FSM's WD AGO Form 24, Service Record; a copy of a page she identified as having been...

  • ARMY | BCMR | CY2005 | 20050015592C070206

    Original file (20050015592C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, that his separation document (WD AGO Form 53-55) be corrected to reflect that correct organization he served with during World War II and his campaign participation with that correct unit; and that it be corrected to include all awards to which he is entitled. The applicant’s military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...

  • ARMY | BCMR | CY2007 | 20070005703C071029

    Original file (20070005703C071029.doc) Auto-classification: Approved

    The FSM's military records are not available to the Board for review. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the ETO. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart, for being wounded in action in Northern France in September 1944 and showing his entitlement to...

  • ARMY | BCMR | CY2014 | 20140011091

    Original file (20140011091.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the POW Medal is awarded to any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917. Therefore, it would be appropriate to add this medal to item 33 of his WD AGO Form 53-55 and the entry, "POW, Company B, 630th Tank Destroyer Battalion, Belgium, 24 December 1944 – 5 June 1945" to item 55 (Remarks) of his WD AGO Form 53-55. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2001 | 2001056244C070420

    Original file (2001056244C070420.rtf) Auto-classification: Approved

    I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s military records were not available to the Board for review. That all of the Department of the Army records related to this case be corrected to showing, in block 6 (Organization) of the WD AGO 53-55 of the individual concerned, that his unit of assignment was the 3 rd Battalion, 116 th...

  • ARMY | BCMR | CY2006 | 20060017375C071029

    Original file (20060017375C071029.doc) Auto-classification: Denied

    The applicant's WD AGO Form 52-55 provides no indication that the applicant was a POW during World War II, and the applicant authenticated this document with his signature on the date of his separation. Although these documents indicate Companies E and G may have been taken prisoner, and shows that members of the regiment were reported MIA during the action in question, there is no specific information contained in these documents related to the applicant. Therefore, the Board...