| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Mr. Frank C. Jones, II | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Bronze Star Medal.
APPLICANT STATES: That he was recommended for the award at the time of his transfer, but it was never received. He submits a copy of a 30 November 1944 memorandum to substantiate his case. He lists May 2002 as the date of discovery of the error or injustice and states that the Board should consider the case because he only recently discovered the substantiating document. He submitted a 30 September 1944 memorandum to substantiate his request.
EVIDENCE OF RECORD: The applicant's military records show:
During World Word II he served in the European-African-Middle Eastern Theater of Operations as a Judge Advocate officer. According to his 10 March 1946 Certificate of Service, when he was separated from active duty due to demobilization, he participated in the Sicily, Tunisia, Rome-Arno and Algeria-French Morocco campaigns. He was entitled to wear a bronze service star for each of those campaigns on the European-African-Middle Eastern Service Medal. After the war the applicant affiliated with the Army Reserve and ultimately retired as a colonel in 1972.
The 30 September 1944 memorandum, which the applicant submitted with his application, is from the Acting Adjutant, 331AAA S/L Battalion. It reads:
SUBJECT: Battle Participation Awards
TO : Commanding Officer P.B.S. APO 782, U.S. Army
1. Request the following officer be issued a bronze star for participation in the Rome-Arno Campaign from June 14, 1944 to August 7, 1944. Authority: Letter HQ MATOUSA, File AG 200.6/040 P-O. Subject: Battle Participation Awards, Dated 10 November 1944.
2. Captain [Applicant] was transferred to your command per Ltr Orders 7th Army and left this organization on 24 August 1944.
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. There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.
The regulation also authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the European-African-Middle Eastern Campaign Medal. A silver service star is worn in lieu of five bronze service stars.
During the processing of this case a search was made of the historical files at the National Archives, Suitland Maryland. That search failed to reveal any evidence to show that the applicant had been awarded or recommended for the Bronze Star Medal.
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. The submitted document is clearly a request that the applicant be authorized a bronze service star representing campaign credit for the Rome-Arno campaign. The applicant apparently misinterpreted it as a recommendation for the Bronze Star Medal.
2. There is no available evidence that he was ever awarded or recommended for an award of the Bronze Star Medal.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__WTM__ ___LDS_ ___FCJ__ DENY APPLICATION
| CASE ID | AR2002077190 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030306 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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