BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090012220 


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 the Certificate of Merit awarded to his deceased grandfather, a former service member (FSM), be upgraded to an award of the Bronze Star Medal. 

2.  The applicant states, in effect, that this action was previously taken for several other Soldiers within the FSM’s unit, all of whom served in the 6th Armored Division under General Patton.  He adds that his grandfather served his country proudly during World War II (WWII) from 28 July 1944 to 2 May 1945 and participated in several battles and campaigns, most notably was his participation during the Battle of the Bulge.

3.  The applicant provides a copy of a power of attorney, dated 4 July 2009; a copy of the FSMs death certificate, dated  July 2008; a copy of the FSM’s marriage license, dated 20 October 1943; a self-authored statement, dated 7 May 2009; a copy of his the FSM's Identification Card; a copy of the FSM’s Certificate of Merit, dated 2 May 1945; a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 9 November 1945; a copy of the FSM’s WD AGO Form 100 (Separation Qualification Record), dated 9 November 1945; a copy of the FSM’s Honorable Discharge Certificate, dated 9 November 1945; a copy of a newspaper article [the FSM's Obituary], dated 
5 July 2001; a copy of the Board’s previous Record of Proceedings, dated 
18 May 2001, and a copy of the FSM’s DD Form 215 (Correction to the WD AGO Form 53-55) in which his organization was changed, in support o his request.


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 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 FSM’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 FSM’s WD AGO Form 53-55 shows he was inducted into the Army of the United States (U.S.) on 16 March 1943 and entered active duty in Providence, Rhode Island, on 23 March 1943.  This form also shows that at the time of separation the FSM held military occupational specialty (MOS) 931 (Half Track Driver) and he was assigned to Battery A, 870th Field Artillery Battalion (later amended to show the 777th Anti-Aircraft Artillery Automatic Weapons Battalion).

4.  The FSM’s WD AGO Form 53-55 shows he departed the U.S. on 18 April 1944 and arrived in the European-African-Middle Eastern (EAME) Theater of Operations on 26 April 1944.  He departed the EAME on 25 October 1945 and arrived back in the U.S. on 5 November 1945.  He completed 1 year and 29 days of continental service and 1 year, 6 months, and 18 days of foreign-service.  He was honorably separated on 9 November 1945.

5.  Item 32 (Battles and Campaigns) of the FSM’s WD AGO Form 53-55 shows he participated in the Ardennes, Normandy, Northern France, and Rhineland campaigns during WWII.

6.  Item 33 (Decorations and Citations) of the FSM’s WD AGO Form 53-55 shows he was awarded the American Campaign Medal, the Good Conduct Medal, the European-African-Middle Eastern (EAME) Campaign Medal, and the World War II Victory Medal.   
7.  The FSM’s records show he was awarded a Certificate of Merit in recognition of conspicuously meritorious and outstanding performance of military duty.  The certificate is signed by a Major General (MG) and the citation is as follows:  

During the period 28 July 1944 to 2 May 1945, as a Half-Track Driver, he has demonstrated consistently meritorious service in the performance of his assigned tasks, contributing to the operational efficiency of his organization.

8.  The applicant submitted a self-authored statement, dated 7 May 2009, in which he stated the FSM was a humble man and served his country proudly in countless campaigns and battles, to include the Battle of the Bulge.  He drove his half-track in the line of fire on more than one occasion in the EAME Theater and his unit played a key role in the victory in Europe.    

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  Paragraph 1-23 provides that awards of certain decorations as authorized in this regulation or later will be made on the basis of existing letters, citations, and/or orders.  The decorations which may be awarded under this provision are:  the Purple Heart and the Silver Star to qualifying service members who served during World War I; the Bronze Star Medal to individual members of the Armed Forces who were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945 or whose meritorious achievement was confirmed by documents executed prior to 1 July 1947; and the Army Commendation Medal to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation signed by an officer in the grade or position of MG or higher.  

	b.  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.

	c.  The Army Commendation Medal is awarded to any member of the Armed Forces of the U.S. who, while serving in any capacity with the Army after
6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service.  Award may be made to a member of the Armed Forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service which has been of mutual benefit to a friendly nation and the U.S.  Awards of the Army Commendation Medal may be made for acts of valor performed under circumstances described above which are of lesser degree than required for award of the Bronze Star Medal.  These acts may involve aerial flight.  Award of the Army Commendation Medal may be made to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from letter of appreciation, signed by an officer in the grade or position of a MG or higher. 

10.  A review of the applicant's records indicates his entitlement to additional awards that are not shown on his WD AGO Form 53-55.

11.  Item 33 of the applicant's WD AGO Form 53-55 shows he was awarded the EAME Campaign Medal.  Additionally, item 32 of his WD AGO Form 53-55 shows the applicant participated in the Ardennes, Normandy, Northern France, and Rhineland campaigns during WWII.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the EAME Campaign Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM was awarded a Certificate of Merit, signed by a MG, in recognition of conspicuously meritorious and outstanding performance of military duty.  An award of the Army Commendation Medal may be made to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from letter of appreciation, signed by an officer in the grade or position of a MG or higher.  The FSM's Certificate of Merit appears to meet this criterion.  Therefore, the FSM should be awarded the Army Commendation Medal and he is entitled to correction of his records to show this award.

2.  The evidence of record shows the FSM was awarded the EAME Campaign Medal.  Additionally, records show the FSM participated in four campaigns while serving in the EAME.  Therefore, he is entitled to award of four bronze service stars to be affixed to the EAME Campaign Medal.

3.  With respect to the Bronze Star Medal, the ABCMR acknowledges and applauds the FSM’s meritorious and outstanding performance of military duties during WWII, under extremely hazardous conditions; he is truly an American hero.  However, it is extremely difficult to make the necessary distinctions as to whether his actions warranted an award of the Bronze Star Medal or a lesser award.  

4.  The decision of whether to award an individual a decoration and which decoration to award is a judgment call made by the commander having award approval authority.  In the FSM’s case, it appears that his noteworthy actions were recognized with the issuance of a Certificate of Merit – the equivalent of an Army Commendation Medal – at the time of the act, or shortly thereafter.  In the absence of other substantiating evidence to support specific actions, heroism, or achievements, there is insufficient evidence to support an award of the Bronze Star Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his WD AGO Form 53-55 the Army Commendation Medal and adding four bronze service stars to his already-awarded EAME Campaign Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Bronze Star Medal.



      _______ _   __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)                                         AR20090012220



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ABCMR Record of Proceedings (cont)                                         AR20090012220



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