IN THE CASE OF:
BOARD DATE: 15 OCTOBER 2008
DOCKET NUMBER: AR20080006274
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that the records of his deceased father, a former service member (FSM) be corrected to reflect his award of the Bronze Star Medal (BSM).
2. The applicant states that his father was discharged in 1945 and in the early 1960s was awarded the BSM. He goes on to state that the family is in possession of the BSM; however, they have no paperwork to substantiate it and they desire to have it entered on his VA Marker. He also states that it was an honor to his father and believes it should be reflected on his marker.
3. The applicant provides a copy of the FSMs Report of Separation (WD AGO Form 53-55), a copy of the FSMs death certificate, and his (the applicants) birth certificate, in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
2. The FSM was born on 14 November 1921 and was inducted into the Army of the Untied States on 30 November 1942. He entered active duty at Fort Bragg, North Carolina on 7 December 1942.
3. He completed his training as a rifleman and departed for the Mediterranean Theater of Operations on 29 December 1943 with Company A, 338th Infantry Regiment, 85th Infantry Division. He arrived in Casablanca, French Morocco on 7 January 1944 and underwent amphibious training with his unit until they departed for Italy on 27 March 1944. He participated in the Rome-Arno Campaign and was captured by German forces on 1 May 1944. He remained a Prisoner of War (POW) until he was repatriated on 3 February 1945.
4. He departed LeHavre, France on 23 May 1945 and arrived in New York on 3 June 1945.
5. On 5 December 1945, he was honorably discharged at Fort Meade, Maryland. He had served 2 years, 9 months, and 29 days of total active service and his WD AGO Form 53-55 indicates he was awarded the Good conduct Medal with clasp, the American Theater Service Ribbon, the European-African-Middle Eastern Service Ribbon, and the World War II Victory Medal.
6. A review of the available records fails to show that the applicant was awarded the BSM; however, the available records do show that he was authorized the issuance of the POW Medal on 7 August 1988 and there is no evidence that this award was added to his report of separation.
7. 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. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. The award of the BSM is announced in General Orders.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that the FSM was awarded the BSM in the early 60s is not in doubt, he has failed to provide sufficient evidence to show that such was the case.
2. The destruction of his records in the 1973 fire at the National Personnel Records Center, coupled with the passage of time (60+ years) makes it difficult at best to determine if he is entitled to award of the BSM.
3. Therefore, in the absence of evidence to show that he was awarded the BSM, it must be presumed that what the Army did at the time was correct. The mere possession of a BSM is not considered sufficient evidence to enter that award on his records at this time.
4. Evidence shows that the applicants records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicants records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSMs service to the United States during World War II. The applicant and all Americans should be justifiably proud of his service in arms.
3. Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that the FSM was a POW from 1 May 1944 to 3 February 1945 and that he was awarded the POW Medal.
_______ _ X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080012249
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ABCMR Record of Proceedings (cont) AR20080006274
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