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ARMY | BCMR | CY2006 | 20060012459
Original file (20060012459.TXT) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060012459 


	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. Gerard W. Schwartz

Acting Director

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Chester A. Damian

Member

Ms. Ernestine L. Fields

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 for her deceased husband, a former service member (FSM).

2.  The applicant states the FSM was awarded a Bronze Star Medal for heroic achievement in action while stationed with the Fifth Army in Italy and that the Bronze Star Medal is not shown on his military discharge.

3.  The applicant provides a copy of the FSM's discharge certificate, the FSM's WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), a photograph with a notification memorandum, a newspaper clipping, and a State of Michigan Certificate of Death, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 17 October 1945, the date of the FSM's discharge.  The application submitted in this case is dated 23 August 2006.

2.  The FSM’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 FSM'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.  The FSM's WD AGO Form 53-55 shows he was inducted in the U.S. Army on 20n November 1942 and entered active duty on 4 December 1942.  The FSM was awarded military occupational specialty (MOS) 2736 (Tank Commander).  

5.  Item 33 (Decorations and Citations) of the WD AGO Form 53-55 does not show that the FSM was awarded the Bronze Star Medal. 

6.  The applicant provided two pictures of the FSM being awarded the Bronze Star Medal by a Brigadier General.  The photo identifies the FSM by name.  The photo was taken by a H****y of the 3131 Signal Photo Platoon.

7.  The FSM's records contain a 18 June 1945 message which stated he was congratulated by a Brigadier General after being awarded the Bronze Star Medal for heroic achievement in action.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.

9.  Army Regulation 600-8-22, paragraph 1-23, then in effect, provided 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 of a major general or higher.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's records should be corrected to show award of the Bronze Star Medal was carefully considered and determined to have merit.

2.  Although there are no orders in the limited records available for review with this case, photographic evidence which was validated by an official military message clearly shows that the FSM was awarded the Bronze Star Medal on 18 June 1945 by a Brigadier General.

3.  Based on the foregoing, it would be equitable in this case to amend the FSM's records to show that he was awarded the Bronze Star Medal for heroic actions.

BOARD VOTE:

_KLW____  _ELF___  _CAD___  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.




      __Kenneth L. Wright____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.


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