IN THE CASE OF:	  

		BOARD DATE:	        15 JANUARY 2009

		DOCKET NUMBER:  AR20080015155 


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, that a "V" Device be added to his Bronze Star Medal.

2.  The applicant states that a "V" Device was never put on his Bronze Star Medal.

3.  The applicant provides a copy of his report of separation (WD AGO Form    53-55) and a copy of his Honorable Discharge Certificate.

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 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 applicant’s 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.

3.  The applicant was born on 14 October 1925 and was inducted on 18 December 1943.  He entered active duty on 8 January 1944 at Fort Oglethorpe, Georgia.  He completed his training as a construction equipment mechanic and was transferred to the Asiatic-Pacific Theater of Operation (APTO) on 25 August 1944, for assignment to the 2nd Engineer Special Brigade Heavy Shop Company.

4.  He was promoted to the rank of Technician 4th class (TEC 4) and he participated in the New Guinea and Southern Philippines campaigns.

5.  He departed the APTO on 23 December 1945 and was transferred to Fort Chaffee, Arkansas where he remained until he was honorably discharged on 8 March 1946.  He was awarded the World War II Victory Medal, the Good Conduct Medal, the Asiatic-Pacific Theater Ribbon with two bronze service stars, the Philippine Liberation Ribbon with one bronze service star, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

6.  A review of the available records fails to show any indication that the applicant was awarded the Bronze Star Medal or any awards for valor.

7.  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.

8.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.




9.  Army Regulation 600-8-22, provides, in pertinent part, that the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” Device in conjunction with awards of the Bronze Star Medal, the Army Commendation Medal, and the Air Medal. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that a "V" Device should be added to his Bronze Star has been noted and appears to lack merit.  The applicant has failed to show through the evidence submitted with his application and the available evidence of record that he was ever award a Bronze Star Medal.

2.  While his records do show that he was awarded bronze service stars to denote campaign participation, they are not the same as a Bronze Star Medal.

3.  Not only is there no evidence available to show that he was awarded a Bronze Star Medal, there is also no evidence to show that he was cited for acts of valor that would warrant a "V" Device. 

4.  Therefore, in the absence of evidence to show that he was awarded a BSM and that he was cited for acts of valor, there appears to be no basis to grant his request.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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 applicant in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________XXX_____________
               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)                                         AR20080015155



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080015155



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1