RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2005
      DOCKET NUMBER:  AR20040011022


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

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

2.  The applicant states, in effect, he was recommended for the award of
the Bronze Star Medal on 17 July 1944 and that his records do not show he
was awarded his medal.

3.  The applicant provides a letter from his daughter, a copy of the award
recommendation, a copy of an award citation, a copy of a Request for
Decoration and/or Citation Form, a copy of a Certificate of Commendation, a
copy of his WD AGO Form 53-56 (Enlisted Record and Report of Separation
Honorable Discharge), and a copy of his Separation Qualification Record in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 October 1945, the date of his discharge from active
duty.  The application submitted in this case is dated 1 December 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available 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 or destroyed in that fire.  However, there were
sufficient documents remaining in a reconstructed record to conduct a fair
and impartial review of this case.

4.  Records show the applicant entered active duty on 30 January 1942.  He
completed basic training and was awarded the military occupational
specialty 060 (Cook).

5.  The applicant's separation document shows he served 2 years, 10 months,
and 5 days of foreign service.
6.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-56
does not show the applicant was awarded the Bronze Star Medal.

7.  The applicant's records contain an unsigned recommendation for award of
the Bronze Star Medal.  This recommendation stated the applicant:

       "volunteered to accompany the Assault Echelon of the AAA Command in
the Saipan operation, offering to perform any duty that might be required
regardless of his classification or grade.  During the pre-assault phase of
this action, while the AAA Command Post was still afloat, he acted as
telephone operator on the bridge, messenger, and assistant radio operator.
Coming ashore with the officers and enlisted men of the Assault Group
Headquarters, he volunteered to establish and maintain a joint officers and
enlisted mess for the unit.  Entirely unaided, and by his own ingenuity,
with salvage materials, he instituted and operated such a mess at both the
initial shore Command Post in the Charan Kanoa area and later in subsequent
stations.  Using only combat rations available, and over an open fire, he
succeeded in contributing materially to the comfort, sanitation, health,
and morale of the officers and enlisted men whom he served without thought
of his own fatigue or danger throughout the assault and subsequent phases
of action.  He was especially attentive to the maintenance of strict
sanitary precautions regarding food cleanliness of mess gear, etc., as a
result of which no member of this command was incapacitated by gastro-
intestinal upsets during the entire period when [applicant's name removed]
was in sole operation of his mess.  His initiative, endurance, and devotion
to duty were of inestimable value to this command."

8.  Evidence of records shows the recommendation for award of the Bronze
Star Medal was downgraded by the appropriate award authority to a
Certificate of Commendation.

9.  The applicant's records contain a 22 September 1944 Certificate of
Commendation signed by the major general in command of the Army Garrison
Force.  This Certificate of Commendation contained essentially the same
written citation as the recommendation for award of the Bronze Star Medal.

10.  On 27 October 1945, the applicant completed a Request for Decoration
and/or Citation Form wherein he claimed that he was entitled to award of
the Bronze Star Medal.  The request form shows the applicant signed the
request but does not contain the required signature of a certifying
officer.  There is no evidence in the available records which shows action
was taken on the applicant's request.

11.  Records show the applicant honorably discharged on 27 October 1945.
The separation document given to the applicant at that time does not show
the applicant was awarded a Certificate of Commendation.

12.  The U.S. Army Human Resources Command (HRC), provided a two- page
advisory opinion, dated 18 October 2005.  HRC officials opined the
recommendation for award of the Bronze Star Medal was forwarded to the
Commanding General, Army Garrison Force.  The Commanding General determined
the appropriate award for the applicant's actions was the Certificate of
Commendation.

13.  Based on the decision by the award authority, HRC officials
recommended denial of the applicant's request for award of the Bronze Star
Medal.

14.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his WD AGO Form 53-55.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the World War II Victory Medal.  The World War II
Victory Medal was established by the act of Congress on 6 July 1945.  It
was awarded for service between 7 December 1941 and 31 December 1946, both
dates inclusive.  Records show the applicant served during the period 30
January 1942 through 27 October 1945.

16.  Army Regulation 600-65 (Military Awards), in effect at the time,
provided policy and criteria concerning service medals.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940, for
first award only, 1 year served entirely during the period 7 December 1941
to 2 March 1946 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service and there must have
been no convictions by court-martial.

17.  There is no evidence in the available records which shows the
applicant was disqualified for award of the Good Conduct Medal.





18.  Paragraph 1-23 of Army Regulation 600-8-22 provides that awards of
certain decorations as authorized in this regulation or later will be made
on the basis of existing letters, citations, and/or orders.  The
decorations which may be awarded under this provision are:  the Purple
Heart and the Silver Star to qualifying service members who served during
World War I; the Bronze Star Medal to individual members of the Armed
Forces who were cited in orders or awarded a certificate for exemplary
conduct in ground combat against an armed enemy between 7 December 1941 and
2 September 1945 or whose meritorious achievement was confirmed by
documents executed prior to 1 July 1947; and the Army Commendation Medal to
any individual commended after 6 December 1941 and before 1 January 1946 in
a letter, certificate, or order of commendation signed by an officer in the
grade or position a major general or higher.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he his entitled to award of the Bronze Star
Medal based on a 17 July 1944 award recommendation.

2.  Evidence of records shows the applicant was recommended for award of
the Bronze Star Medal; however, the Commanding General of the Army Garrison
Force, who was the award approval authority for award of the Bronze Star
Medal, determined the appropriate award for the applicant was the
Certificate of Commendation.

3.  U. S Army military decorations are awarded in recognition of heroism,
meritorious achievement, or meritorious service.  No individual is
automatically entitled to an award.  The decision to award a decoration and
to which decoration is awarded is made by the commander having approval
authority.

4.  In this case, the Commanding General of the Army Garrison Force
determined the applicant's actions were not sufficient for award of the
Bronze Star Medal.  However, he determined the applicant's actions should
be recognized by award of the Certificate of Commendation.

5.  Based on the fact the applicant was awarded the Certificate of
Commendation, he is now entitled to award of the Army Commendation Medal.
Therefore, he should be awarded the Army Commendation Medal and his records
should be corrected to show this decoration.



6.  Evidence of recordsshows the applicant served during the period 30
January 1942 through 27 October 1945 which is a qualifying period of
service for award of the World War II Victory Medal.  Therefore, he is
entitled to correction of his records to show this award.

7.  The applicant's records show that he completed over three years of
active Federal Service.  There is no evidence in the available records
which show that he was disqualified for award of the Good Conduct Medal.
Since the available records show that he was honorably discharged and his
records contain award recommendations which state numerous positive actions
performed by the applicant, he is entitled to correction of his records to
show award of the Good Conduct Medal.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 October 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  As a result, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.
Records show the applicant is entitled to awards not shown on his
separation document, therefore, it is appropriate to waive failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_LMD___  __MHM__  _SK____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing award of the
Army Commendation Medal, the World War II Victory Medal, and the Good
Conduct Medal.



2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Bronze Star Medal.




                                __Stanley Kelley___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011022                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]