IN THE CASE OF:	  

		BOARD DATE:	  7 May 2009

		DOCKET NUMBER:  AR20080019047 


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 (BSM).  

2.  The applicant states, in effect, his record does not include the BSM awarded to the 81st Depot Company in approximately 1945, for actions in connection with Iwo Jima operations.    

3.  The applicant provides a WD AGO Form 100 (Separation Qualification Record) in support of his 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 record shows that he was initially inducted into the Army and entered active duty on 14 June 1941.  He served for 4 years, 5 months, and 
10 days until 23 November 1945, at which time he was honorably discharged, in the rank of staff sergeant (SSG).  

3.  The applicant's WD AGO Form 24 (WD AGO Form 24) and WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) covering his period of active duty service from 14 June 1941 through 23 November 1945 shows he held and served in military occupational specialty 252 (Warehouse Foreman) of the Quartermaster (QM) Corps.  They also show he served with the 81st QM Depot Company in the Pacific Theater of Operations (PTO) from 
1 February 1944 through 2 November 1945, and that he participated in the Ryukyus campaign.  The records further show that during this period of active duty service he earned the World War II (WWII) Victory Medal, American Defense Service Medal (ADSM), Asiatic-Pacific Campaign Medal (APCM), and Army Good Conduct Medal (AGCM).  His service record and separation document are void of documents or entries indicating he was awarded the BSM during this period of active duty service.  

4.  The applicant's record further shows he continuously served on active duty in the Regular Army (RA) from 7 December 1945 through 30 June 1961, at which time he was honorably retired in the rank of master sergeant/E-7 (MSG/E-7).  His service records and separation documents (DD Forms 214 and 215) covering this period of active duty service show he earned the following awards during his active duty tenure:  WW II Victory Medal, Army of Occupation Medal (AOM) with Germany Clasp, AOM with Japan Clasp, AGCM (5th Award), Korean Service Medal (KSM), United Nations Service Medal (UNSM), National Defense Service Medal (NDSM), and Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  His record is void of any orders, documents, or record entries indicating he was ever recommended for or awarded the BSM during any period of his active duty service prior to retirement.

5.  The applicant provides a WD AGO Form 100 (Separation Qualification Record) that was prepared on him during his separation processing in 1945.  This document shows he served as a member of the 81st QM Depot Company in Hawaii and Iwo Jima as a foreman in charge of a warehouse.  

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 1 contains guidance on award recommendations and states, in pertinent part, that award recommendations will be prepared and submitted to 

the appropriate awards approval authority for action in an expeditious manner and that a final record of each recommendation and the resulting decision will be maintained for historical purposes.  

7.  The awards regulation stipulates that no military decoration, except the Purple Heart, will awarded more than 3 years after the act or period of service to be honored.  Paragraph 3-14 of the awards regulation contains guidance on award of the BSM.  It states, in pertinent part, that it may be awarded to members who distinguish themselves 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.  There are special provisions providing for award of the BSM based on special recognition for exemplary conduct in ground combat during World War II which, while not limited to, is primarily designed for members who earned the Combat Infantryman Badge or Combat Medical Badge during this period.  There is also a special provision allowing for award of the BSM to members who participated in the Philippine Islands Campaign between 
7 December 1941and 10 May 1942.  The regulation does not provide special provisions providing for award of the BSM to members based on service on Iwo Jima.  

8.  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.

9.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  The applicant's unit (81st QM Depot Company) was not awarded the Distinguished Unit Citation or Meritorious Unit Commendation during its WWII service.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should reflect a BSM he is authorized for his service on Iwo Jima with the 81st QM Deport Company was 
carefully considered.  However, there is insufficient evidence to support this claim.  The evidence or record and the independent evidence provided by the applicant is void of any entries or documents that show the applicant was ever recommended for or awarded the BSM by proper authority during his active duty tenure.  

2.  Further, he has failed to provide any evidence of an act of heroism, achievement or service that would support award of the BSM based on this request.  In addition, the WWII campaign register also shows that the applicant's WWII unit (81st QM Depot Company) never received a unit award for heroism, achievement or service during WWII, and there is no indication that the unit received special recognition or an award for Iwo Jima service.  As a result, there is no unit award that would support the applicant's assertion that his individual award of the BSM is based on special recognition the unit received on Iwo Jima.  

3.  While the available evidence is insufficient to award the applicant the BSM, this in no way affects the applicant’s right to pursue his claim for the BSM by submitting a request, with an award recommendation and supporting evidence, through his Member of Congress under the provisions of 10 USC 1130.

4.  The applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _ 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)                                         AR20080019047



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ABCMR Record of Proceedings (cont)                                         AR20080019047


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