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ARMY | BCMR | CY2003 | 2003089069C070403
Original file (2003089069C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 2 October 2003
                  DOCKET NUMBER: AR2003089069

         I certify that hereinafter is recorded the record of consideration 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:

Ms. Kathleen A. Newman Chairperson
Mr. Lester Echols Member
Mr. John T. Meixell Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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


APPLICANT REQUESTS: In effect, award of the Bronze Star Medal.

APPLICANT STATES: In effect, that he received this award. In support of his application, he submits a certificate, dated 17 June 1945, authorizing a "Bronze Star Award."

EVIDENCE OF RECORD: The applicant's military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the WD AGO Form 53-55 (Enlisted Record and Report of Separation), War Department Form 372A (Final Payment Work Sheet); WD AGO Form 100 (Separation Qualification Record), and limited medical records.

The applicant's reconstructed records show the applicant was inducted on
20 June 1941. He served as a supply sergeant in the Pacific Theater of Operations from 19 November 1944 through 27 November 1945 and was honorably discharged on 27 December 1945.

The applicant's WD AGO Form 53-55 shows one Service Stripe, two awards of the Overseas Service Bar, the American Defense Service Ribbon, the American Campaign Medal, the Asiatic-Pacific Theater Ribbon with three bronze service stars, the Philippine Liberation Ribbon with two bronze service stars, the Good Conduct Medal, and the World War II Victory Medal as authorized awards.

There are no orders for the Bronze Star Medal in the available records.

The applicant provided a certificate, dated 17 June 1945, which shows he was authorized a "Bronze Star Award" as a member of the 25th Company, 997th Signal Service Battalion under the provisions of General Orders Number 64, U.S. Army Forces Far East, dated 30 March 1945.

The historical files of the 25th Signal Company, 997th Signal Service Battalion, U.S. Army Forces Western Pacific Command located at the National Archives in College Park, Maryland, indicated that the aforementioned General Orders Number 64 authorized the award of the bronze service star for battle participation, not award of the Bronze Star Medal.

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.

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. 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.

2. The Board considered the certificate provided by the applicant in support of his claim for award of the Bronze Star Medal. However, the general orders cited in this certificate authorized award of the bronze service star, not the Bronze Star Medal.

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

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

KAN___ LE______ JTM_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003089069
SUFFIX
RECON
DATE BOARDED 20031002
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0014
2.
3.
4.
5.
6.


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