RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 JANUARY 2006
DOCKET NUMBER: AR20050004790
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. Rene’ R. Parker | |Analyst |
The following members, a quorum, were present:
| |Mr. John Infante | |Chairperson |
| |Mr. William Crain | |Member |
| |Mr. Gerald Purcell | |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 that he received the original directive which
shows the medal was approved but, it was never placed in his personnel
file.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and
Report of Separation) and approved recommendation for award of the Bronze
Star Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 1 April 1946, the date of his discharge. The application
submitted in this case is dated 23 March 2005.
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 WD AGO Form 53-55 shows that he was inducted in the
Army on 27 July 1943. He served in the European Theatre from September
1944 until March 1946. This form also shows he was awarded the American
Theatre Service Medal, European-African-Middle Eastern Medal, Victory Medal
and Good Conduct Medal. The applicant was honorably separated on 1 April
1946.
4. On 20 March 1945, the applicant’s commander recommended him for the
award of the Bronze Star Medal. The proposed citation stated that the
applicant distinguished himself by meritorious service in connection with
military operations against the enemy in Germany from 25 February 1945 to 6
March 1945. The recommendation was forwarded through channels to the
Commanding General, XIII Corps and was approved on 22 March 1945.
5. 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 AND CONCLUSIONS:
Records show that the applicant was recommended for the Bronze Star Medal
by his commander. The recommendation appears to have gone through the
proper channels prior to the award being approved on 22 March 1945.
Therefore in the interest of justice, the applicant is entitled to
correction of his records to show award of the Bronze Star Medal.
BOARD VOTE:
__JI ____ __WC ___ __GP___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 Bronze Star
Medal.
_______John Infante_______
CHAIRPERSON
INDEX
|CASE ID |AR20050004790 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060119 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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