IN THE CASE OF:
BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090003519
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 reconsideration of an earlier request for award of the Bronze Star Medal.
2. The applicant states, in effect, that he did not return to the continental United States on 13 October 1945 as stated in Army Board for Correction of Military Records (ABCMR) Docket Number AR20080014348. He contends that he went to Japan on 13 October 1945 for occupational forces until 13 January 1946. He indicates that he and an Air Force officer went to each high school at the Air Force base at Utsunomiya, Japan, and removed the firing pins from all the artillery weapons and that they went to police stations and inventoried all the firearms. He states that he does not have orders for the Bronze Star Medal but this might be the reason that he would have been given the Bronze Star Medal. He further states that Battery B, 147th Field Artillery Battalion was the only organization he served with during World War II.
3. The applicant provides no additional documentary evidence in support of his request for reconsideration.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20080014348, on 19 February 2009.
2. The applicants argument is new evidence which will be considered by the Board.
3. 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.
4. The applicant was inducted in the Army of the United States on 3 July 1943 and entered active duty on 17 July 1943. Item 36 (Service Outside Continental U.S. and Return) on the applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he served in the Asiatic-Pacific Theater of Operations (APTO) from 2 April 1944 to 2 October 1945. He was honorably discharged on 6 February 1946.
5. Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows he was assigned to Battery B, 147th Field Artillery. Item 33 (Decorations and Citations) on his WD AGO Form 53-55 does not show the Bronze Star Medal as an authorized award.
6. There are no orders for the Bronze Star Medal in the available records.
7. The hostilities for World War II, APTO, ended in September 1945.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, since the Bronze Star Medal is awarded in time of war, and the actual hostilities for World War II, APTO, ended in September 1945, any service the applicant might have performed subsequent to October 1945 would not qualify for award of the Bronze Star Medal.
2. There are no orders for the Bronze Star Medal in the available records. Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal in this case.
3. The applicant contended that he did not return to the continental United States on 13 October 1945 but rather was sent to Japan for occupation duties. Since his service records are not available the Board had/has only his WD AGO Form 53-55 as a source of information concerning his overseas service. His WD AGO Form 53-55 indicates that he arrived in the United States on 13 October 1945.
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 to amend the decision of the ABCMR set forth in Docket Number AR20080014348, dated 19 February 2009.
____________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) AR20090003519
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ABCMR Record of Proceedings (cont) AR20090003519
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