IN THE CASE OF:	  

		BOARD DATE:	  17 February 2010

		DOCKET NUMBER:  AR20090011465 


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.  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 (BSM) be added to the military record of her deceased father, a former service member (FSM).

2.  The applicant states, in effect, that the FSM’s military record does not show he earned the BSM; however, the FSM told her he was awarded the BSM.  She also states that a news release confirms his receipt of this award.  Further, she states that her father defended our country during World War II (WWII) and was injured.  Additionally, she states she also served in the military and that she discovered the mistake when she reviewed some paperwork for genealogy purposes. 

3.  The applicant provides the FSM's discharge certificate, WD AGO Form 53-55 (Military Record and Report of Separation Certificate of Service), WD AGO Form 100 (Separation Qualification Record), and Death Certificate.  She also provided a self-authored statement, her birth certificate and marriage license in support of the 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 FSM's military record is not available to the Board for review.  A 
fire destroyed approximately 18 million service members’ records at the 
National Personnel Records Center (NPRC) in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using the NPRC file and the documents provided by the applicant. 

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States (AUS) and entered active duty on 25 August 1943.  It also shows he held military occupational specialty (MOS) 740 (Radio Operator), and that he served in the European Theater of Operations from 8 December 1944 through  16 April 1946, during the Central Europe and Rhineland campaigns of WWII.  

4.  The FSM's WD AGO Form 53-55 also shows, in item 31 (Military Qualifications), that he qualified as sharpshooter with the M-1 Rifle, and item 33 (Decorations and Citations) shows he earned the American Campaign Medal, European-African-Middle-Eastern Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal.  It further shows he was honorably separated on 29 April 1946, in the rank of technical sergeant four, after completing a total of 2 years, 8 months, and 5 days of active military service.  

5.  An NPRC letter, dated 13 August 2008, verified the FSM's entitlement to the awards shown on his WD AGO Form 53-55.  It failed to confirm his eligibility for award of the BSM or any other awards not listed on his separation document.  The NPRC file is also void of any orders or other documents that indicate the FSM was ever recommended for or awarded the BSM by proper authority while serving on active duty.  

6.  The applicant provides a newspaper article that indicates the FSM was awarded BSM.   

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 3-1 states the decision to award an individual a decoration and as to which award is appropriate are both subjective decisions made by the commander having award approval authority.  Paragraph 3-13 contains guidance on award of the BSM.  It states it is awarded for heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.  The regulation requires the BSM be formally recommended, approved by proper authority and announced in official orders.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM’s military record should be corrected to reflect the BSM has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  The NPRC file in this case is void of any orders or other documents that indicate the FSM was ever recommended for or awarded the BSM by proper authority while serving on active duty.  Regrettably, the newspaper article the applicant provided is insufficient to show the FSM was awarded the BSM.  As a result, there is an insufficient basis to support granting the requested relief. 

3.  The applicant and all others concerned should know that this action related to award of the BSM in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM’s 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)                                         AR20090011465



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ABCMR Record of Proceedings (cont)                                         AR20090000290



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ABCMR Record of Proceedings (cont)                                         AR20090011465


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