IN THE CASE OF:	  

		BOARD DATE:	  4 DECEMBER 2008 

		DOCKET NUMBER:  AR20080013822


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, in effect, award of the Bronze Star Medal with "V" Device and its addition to his WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he believes he should be authorized the "V" Device on his Bronze Star Medal which is not reflected on his separation documents.  He also stated that he was awarded the Bronze Star Medal during World War II for "heroic achievement" during the Battle of the Bulge in Belgium on 20-21 December 1944.  He further states that Webster's dictionary lists synonyms for heroism as valor, prowess, and gallantry.  He believes that the word heroism on Headquarters, 99th Infantry Division, General Orders Number 27, dated 14 April 1945, justified the wearing of the "V" Device on the Bronze Star Medal.  He believes this was a mere oversight when his discharge was completed.  He also states, in effect, that when he requested his medals and questioned why the "V" Device was not authorized, the National Personnel Records Center informed him that the "V" Device had to be specifically noted on the discharge.

3.  In support of his application, the applicant provides copies of Headquarters, 99th Infantry Division, General Orders Number 27; his WD AGO Form 53-98; and his DD Form 214.


COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provided no statement or documentary evidence in support of the applicant's application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show he was appointed as a second lieutenant in the Army of the United States on 14 July 1942.  He served in military occupational specialty 1542, Infantry Unit Commander.  He served overseas from 12 October 1944 to 18 December 1945 in the European theater of operations (ETO).

3.  The applicant submitted a copy of General Orders Number 27, dated 14 April 1945, awarding him the Bronze Star Medal for heroic achievement in connection with military operations against the enemy on 20 and 21 December 1944 in Belgium.

4.  The applicant's records contain a WD AGO Form 0708 (Record of Award of Decoration) that shows he was awarded the Bronze Star Medal by General Orders Number 27, dated 14 April 1945, for heroic achievement in connection with military operations against the enemy on 20 and 21 December 1944.

5.  The applicant was honorably released from active duty as a captain on 1 March 1946.  He was transferred to the U.S. Army Reserve (USAR).

6.  Entries on the applicant's WD AGO Form 53-98 do not show award of the Bronze Star Medal with "V" Device.  Item 29 (Decorations and Citations) lists the following awards:  the World War II Victory Medal, the American Campaign Medal, the Combat Infantryman Badge, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Bronze Star Medal, and the Silver Star.  Item 43 (Remarks) lists the award of the Honorable Service Lapel Button.

7.  The applicant was ordered to and entered active duty on 14 February 1947.

8.  The applicant's records contain an AGO Form 01220 (Application for Bronze Star Medal – Work Sheet), dated 20 September 1949, that shows he was awarded the Bronze Star Medal on General Orders Number 27, dated 14 April 1945.

9.  The applicant's records also contain Department of the Army Office of the Adjutant General Letter Orders, dated 20 September 1949, awarding him the Bronze Star Medal with First Oak Leaf Cluster for exemplary conduct in ground combat against the armed enemy on or about 16 December 1944 in the ETO.

10.  The applicant served continuously until his separation for the purpose of retirement.  He was honorably separated from active duty as a major on 31 January 1962.  He was transferred to the USAR Control Group (Retired), XV U.S. Army Corps.

11.  Entries on the applicant’s DD Form 214, item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), list the following awards:  the Korean Service Medal, the United Nations Service Medal; the National Defense Service Medal; the Bronze Star Medal with First Oak Leaf Cluster, the Armed Forces Reserve Medal, and the Belgian Fourragere.  The Bronze Star Medal with First Oak Leaf Cluster is listed on his DD Form 214; however, the award is shown without a "V" Device.

12.  Army Regulation 600-45 (Decorations), in effect at the time, provided in pertinent part that the Bronze Star Medal was awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal was 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.

13.  Army Regulation 600-45 also provided, in pertinent part, that the letter "V" Device was authorized for wear on the suspension ribbon of the service ribbon of the Bronze Star Medal to indicate that an award was for heroism rather than for meritorious achievement or meritorious service.  All orders awarding the Bronze Star medal would specify or state whether the award was for heroism, meritorious achievement, or meritorious service.
DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was awarded the Bronze Star Medal for heroic achievement in connection with military operations against the enemy on 20 and 21 December 1944.  The Bronze Star Medal with "V" Device was not included on his WD AGO Form 53-98 and DD Form 214.  In accordance with regulatory guidance, the applicant was authorized the "V" Device for his Bronze Star Medal.  He is therefore entitled to correction to his separation document to show the Bronze Star Medal with First Oak Leaf Cluster and with "V" Device.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

__X_____  ____X___  ___X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the "V" Device on the already-awarded Bronze Star Medal with First Oak Leaf Cluster and by providing him a correction to his separation document that includes this award.



      __________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)                                         AR20080013822



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ABCMR Record of Proceedings (cont)                                         AR20080013822



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