PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 April 2001
         DOCKET NUMBER: AR2001051888


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Curtis L. Greenway		Member
Ms. Barbara J. Ellis		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.

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2. The applicant requests award of the Bronze Star Medal.

3. The applicant states, in effect, that he was recommended for the Bronze Star Medal on 10 June 1945 and that the award recommendation was approved through all the proper channels but he never received the award. He contends that the award recommendation must have been rejected by the last person in the awards channel. The applicant indicates that he is the holder of a Combat Medical Badge which also entitles him to the Bronze Star Medal. In support of his application, he submits a copy of his WD AGO Form 53-98 (Military Record and Report of Separation) with an effective date of 18 September 1946; a copy of his Enlisted Record; a copy of an Honorable Discharge Certificate from the USAR, dated 14 August 1957; a Recommendation for Award of the Bronze Star Medal, dated 10 June 1945, with two eyewitness statements; a first endorsement on the award recommendation from the Executive Officer of the 387th Infantry; and a second endorsement on the award recommendation from the Commanding Officer of the 387th Infantry.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant enlisted on
29 September 1942. He was honorably discharged on 11 January 1944 to accept commission as a second lieutenant. He was commissioned as a second lieutenant in the Medical Administration Corps and entered active duty on
12 January 1944. He served as an administrative executive officer in the European Theater of Operations from 28 February 1945 through 19 June 1945 and was honorably released from active duty on 18 September 1946.

5. The applicant’s WD AGO Form 53-98 does not show the Bronze Star Medal or the Combat Medical Badge as authorized awards.

6. The applicant provided a copy of a Recommendation for Award, dated
10 June 1945, which shows he was recommended for award of the Bronze Star Medal for meritorious service on 2 and 9 April 1945 in Germany. Records show the Executive Officer of the Headquarters Second Battalion of the 387th Infantry and the colonel in command of the Headquarters of the 387th Infantry recommended approval of this award on 10 June 1945 and forwarded this recommendation to the Commanding General, 97th Infantry Division. There is no indication in the applicant’s records that this recommendation was acted upon.

7. There is no evidence in the available records which shows that the applicant was awarded the Combat Medical Badge.

8. Army Regulation 600-8-22 (Military Awards) 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.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

10. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

CONCLUSIONS:

1. Evidence of record shows the applicant was recommended for award of the Bronze Star Medal for meritorious service on 2 and 9 April 1945. This award recommendation, dated 10 June 1945, was submitted in a timely manner and in accordance with the governing regulation.

2. Evidence of record also shows this award recommendation was approved by the applicant’s chain of command. However, there is no indication that this award recommendation was acted upon by the Commanding General of the
97th Infantry Division.

3. The Board notes that the applicant’s performance described in the award recommendation clearly supports the criteria for award of the Bronze Star Medal. As a result, the Board determined that the Recommendation for Award, dated
10 June 1945, and the two eyewitness statements were sufficient as a basis for award of the Bronze Star Medal. Therefore, the applicant is entitled to award of the Bronze Star Medal for meritorious service on 2 and 9 April 1945 in Germany.

4. Although the applicant contends that he is the holder of the Combat Medical Badge which entitles him to award of the Bronze Star Medal, there is no evidence of record available to the Board, and the applicant has provided no evidence, which supports this contention. Evidence of record shows the applicant served as an administrative executive officer in military occupational specialty (MOS) 2120 in the European Theater of Operations, not as medical department personnel in MOS 3100 (Medical Officer General), MOS 3500 (Medical Unit Commander) or MOS 3504 (Litter Officer). Therefore, the applicant is not entitled to award of the Combat Medical Badge or the Bronze Star Medal (based on award of the Combat Medical Badge).

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal.

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

BOARD VOTE:

JNS___ CLG_____ BJE_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001051888
SUFFIX
RECON
DATE BOARDED	20010419
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19460918
DISCHARGE AUTHORITY
DISCHARGE REASON	Released from active duty
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.
3.
4.
5.
6.