IN THE CASE OF:	  

		BOARD DATE:	        29 JANUARY 2009

		DOCKET NUMBER:  AR20080016807 


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 the Bronze Star Medal be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).   

2.  The applicant essentially states that he was called to formation to receive the Bronze Star Medal, but that he was in a full body cast and could never make the formation.  He also states that he was awarded the Bronze Star Medal after his discharge but never received a copy of the citation or certificate. 

3.  The applicant provides his WD AGO Form 53-55; a certificate, dated 
20 March 1970, showing that his name has been inscribed in the Book of Honor in the Court of Patriots at the Browning Memorial Museum at Rock Island Arsenal, Illinois; a first endorsement, dated 15 November 1945, in which information was requested as to whether or not the applicant was awarded the Bronze Star Medal; a letter, dated 17 August 1945, which requested that the Adjutant General, Washington, D.C. furnish copies of the general orders awarding the applicant the Bronze Star Medal; undated correspondence from Percy Jones Hospital Center at Fort Custer, Michigan which indicated that orders announcing the award of an unspecified decoration for the applicant had been received by their headquarters; and orders, dated 24 July 1945, which in part reassigned him from Kennedy General Hospital in Memphis, Tennessee to Percy Jones Convalescent Hospital at Battle Creek, Michigan in support of this 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 majority of the applicant’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 majority of the applicant's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.

3.  The available records show that the applicant was inducted into the Army of the United States on 23 February 1943, and entered active duty on 2 March 1943.  After completing training, he departed the continental United States on 
8 February 1944 for the European Theater of Operations.  He participated in the Northern France, Rhineland, and Ardennes-Alsace campaigns, and was wounded in action on 4 January 1945 in Luxembourg.  He returned to the continental United States on 11 March 1945, and was honorably discharged on 27 September 1945 and issued a Certificate of Disability for Discharge.  His 
WD AGO Form 53-55 essentially shows that he was awarded the Purple Heart, the Good Conduct Ribbon (now named the Good Conduct Medal), and the European-African-Middle Eastern Campaign Medal with three Bronze Service Stars.  A DA Form 1577 (Authorization for Issuance of Awards) also shows that he was awarded the World War II Victory Medal.  

4.  The applicant's WD AGO Form 53-55 does not show that he was awarded the Bronze Star Medal.  There are also no orders in his military records which awarded him the Bronze Star Medal.  

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself or herself after 6 December 1941 by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  This regulation also provides that the ABCMR is not an investigative body, and that it will decide cases on the evidence of record

7.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the Bronze Star Medal should be added to his WD AGO Form 53-55.

2.  The evidence provided by the applicant was carefully considered.  However, 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.

3.  The first endorsement provided by the applicant only shows that information was requested as to whether or not the applicant was awarded the Bronze Star Medal.  The 17 August 1945 letter which requested that the Adjutant General, Washington, D.C. furnish copies of the general orders awarding the applicant the Bronze Star Medal was noted.  However, this letter also indicated that authority for award of the Bronze Star Medal was not indicated in the applicant's Service Record.  Additionally, the undated correspondence from Percy Jones Hospital Center at Fort Custer, Michigan, which indicated that orders announcing the award of an unspecified decoration for the applicant had been received by their headquarters, was considered.  However, this unspecified decoration may in fact have been the Purple Heart that was issued to the applicant.  

4.  The applicant's statement that he was awarded the Bronze Star Medal after his discharge was noted.  However, possession of a medal, citation, and/or certificate for a personal decoration does not automatically confer entitlement to that decoration.  All personal decorations must be announced in official orders, which the applicant did not provide, and are not in his military records.

5.  While the sincerity of the applicant's claim to entitlement to award of the Bronze Star Medal is not questioned, absent orders officially awarding him the Bronze Star Medal, regrettably, there is insufficient basis for correcting his military records to show the award of the Bronze Star Medal.  However, if in fact the applicant was not awarded the Bronze Star Medal in official orders, he is advised that while the available evidence is insufficient for awarding him the Bronze Star Medal, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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 honorable 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)                                         AR20080016807



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ABCMR Record of Proceedings (cont)                                         AR20080016807



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