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ARMY | BCMR | CY2001 | 2001064610C070421
Original file (2001064610C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 January 2002
         DOCKET NUMBER: AR2001064610


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. Elzey J. Arledge Member
Ms. Regan K. Smith 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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Bronze Star Medal.

3. The applicant states, in effect, that his discharge document should be corrected to show award of the Bronze Star Medal. In support of his application, he submits a supplemental letter, his Honorable Discharge Certificate, and a copy of his WD AGO Form 53-55.

4. The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he entered active duty on 18 January 1941. He served in the European-African-Middle Eastern Theater of Operations from 21 March 1944 to 1 November 1945 and was honorably discharged from active duty on 16 November 1945. His WD AGO Form 53-55 does not show the Bronze Star Medal as an authorized award.

5. There are no orders in the available records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

6. The Board noted that the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp which is not shown on his discharge document.

7. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the unit to which the applicant was assigned, the 26th Ordnance Medium Maintenance Company, received occupation credit for Germany for the period from 2 May to 14 August 1945.

8. Army Regulation 600-8-22 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, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.


CONCLUSIONS:

1. There is no evidence available to the Board, and the applicant has not provided any evidence, which shows he was recommended for or awarded the Bronze Star Medal.

2. In the absence of a recommendation for award of the Bronze Star Medal or orders awarding the Bronze Star Medal to the applicant, there is no basis for awarding the Bronze Star Medal in this case.

3. While the applicant was assigned to the 26th Ordnance Medium Maintenance Company, the unit received occupation credit for Germany; therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp.

4. The Board considered the applicant’s letter submitted in support of his application in which he asked if bronze service stars and the Bronze Star Medal are the same. Based on Army Regulation 600-8-22, a bronze service star is worn on campaign and service ribbons to denote participation in campaigns and the Bronze Star Medal is awarded to individuals for meritorious achievement, meritorious service, or acts of heroism.

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 the individual concerned was awarded the Army of Occupation Medal with Germany Clasp.

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

BOARD VOTE:

RVO____ RKS____ EJA_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O’Connor___
                  CHAIRPERSON



INDEX

CASE ID AR2001064610
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020131
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 107.0014
2. 107.0067
3.
4.
5.
6.


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