IN THE CASE OF:	

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090012917 


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 his deceased father, a former service member (FSM), be awarded the Purple Heart (PH) and Bronze Star Medal (BSM) or Distinguished Service Cross (DSC).

2.  The applicant states his father received a Certificate of Merit during World War II (WWII) for meritorious service and this certificate clearly shows he was wounded in action.  He states his father was recently awarded the BSM based on award of the Combat Infantryman Badge.  He further states he believes his father should have another BSM or DSC based on the Certificate of Merit for his service during WWII.  He also wonders why the Certificate of Merit, a citation, is not on his father's discharge papers.

3.  The applicant provides a Certificate of Merit and BSM and Certificate of Merit description documents from the internet.

CONSIDERATION OF EVIDENCE:

1.  The FSM'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 FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.


2.  The FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was inducted into the Army of the United States and entered active duty on 28 June 1944.  It further shows that he served in the European Theater of Operations (ETO) from 29 December 1944 to 5 September 1945 and participated in the Ardennes, Central Europe, and Rhineland campaigns.

3.  Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge (CIB) and the Marksman Marksmanship Qualification Badge with Carbine (M-1) Bar.  Item 33 (Decorations and Citations) shows he was awarded the WWII Victory Medal, American Theater Ribbon, European-African-Middle Eastern Campaign Medal with
3 bronze service stars, one Overseas Service Bar, Army of Occupation Medal with Germany Clasp, and Army Good Conduct Medal.  The PH or any BSM or DSC is not listed as an authorized award.  Additionally, item 34 (Wounds Received in Action) contains the entry "None."

4.  The WD AGO Form 53-55 confirms the FSM held the rank/grade of private first class (PFC)/E-3 on the date of his separation and this is the highest rank/grade he held while serving on active duty.  It also shows he completed
1 year, 9 months, and 29 days of active military service.

5.  The applicant provides a Certificate of Merit issued to the FSM in recognition of his meritorious service with the 134th Infantry Regiment from 9 January to
8 May 1945, especially for action on one occasion when he refused to be evacuated although suffering from shock and bruises when enemy artillery blew bricks and debris which entirely covered him.

6.  The applicant also provides an internet document that indicates the following:

   a.   When the Certificate of Merit was disestablished by Act of Congress in 1918, the Distinguished Service Medal (DSM) was issued to all enlisted men of the Army to whom the certificate of merit had been granted; and 

   b.  An Act of Congress of 5 March 1934 provided the DSC be issued to all enlisted men of the Army to whom the certificate of merit was issued.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence the wound for which the award is being made:

	a.  Was received as a result of enemy action;

   b.  Required treatment by medical personnel; and 

   c.  A record of the medical treatment must have been made a matter of official record.

8.  Paragraph 3-8 of the awards regulation contains guidance on the DSC.  It was established by Act of Congress on 9 July 1918 (amended on 25 July 1963).  The DSC is awarded to a person who, while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism not justifying the award of a Medal of Honor; while engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing or foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing Armed Force in which the United States is not a belligerent party.  The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from their comrades.

9.  Paragraph 3-9 contains guidance on the DSM.  It was established by Act of Congress on 9 July 1918.  The DSM is awarded to any person who, while serving in any capacity with the U.S. Army, has distinguished himself or herself by exceptionally meritorious service to the Government in a duty of great responsibility.  The performance must be such as to merit recognition for service which is clearly exceptional.  Exceptional performance of normal duty will not alone justify an award of this decoration.  However, justification of the award may accrue by virtue of exceptionally meritorious service in a succession of high positions of great importance.

10.  Paragraph 3-14 contains guidance on the BSM.  It states it is awarded in time of war for heroism and for meritorious achievement or service in connection with military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  It also states the BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 600-8-22 further states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

12.  Army Regulation 635-5 (Separation Documents) in pertinent part, states the list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22, in pertinent part, gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM should be awarded the BSM or DSC based on the meritorious service documented in the Certificate of Merit he received has been carefully considered and found to have merit.

2.  The Certificate of Merit received by the FSM was issued in 1945, well after the dates indicated in the internet document provided by the applicant that called for issuing the DSM (1918) or DSC (1934) to members who had received the Certificate of Merit.  As a result, this guidance on award of the DSM and DSC is not related to the Certificate of Merit received by the applicant.  Additionally, while the FSM's meritorious service is not in question, it does not meet the criterion established by Army regulation for either the DSC or the DSM.  Therefore, there is no basis for granting this portion of the applicant's request.

3.  However, by regulation, the BSM is authorized to members in time of war for heroism and for meritorious achievement or service in connection with military operations involving conflict with an opposing armed force.  It also states the BSM is authorized for each individual who was awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945.  The FSM was presented a Certificate of Merit that attests to his meritorious achievement or service during time of war.  Therefore, the FSM should be awarded the BSM for meritorious service and correction of his records to show this award.

4.  The BSM is also authorized to Soldiers cited in orders for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and
2 September 1945, and the CIB is considered a citation in orders for this purpose.  Therefore, based on the FSM having been awarded the CIB, he should be awarded the BSM for his exemplary conduct in ground combat while serving 

in the ETO from 29 December 1944 through 2 September 1945.  This award should also be added to his WD AGO Form 53-55.

5.  The applicant's contention that the FSM should be awarded the PH for the injuries documented on the FSM's Certificate of Merit has also been carefully considered.  However, the certificate alone does not confirm the FSM's eligibility for the PH.

6.  By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was the result of hostile action, required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.

7.   Item 34 of the FSM's WD AGO Form 53-55 contains the entry "None," which indicates he was never wounded in action, and there is no evidence confirming the injuries outlined in the certificate required treatment by military medical personnel.

8.  In addition, given the injuries in question were documented on the Certificate of Merit the FSM received, had they required treatment or qualified for award of the PH, his chain of command likely would have awarded it at the time.  The certificate indicates the FSM refused evacuation.  As a result, the regulatory requirements necessary to award the PH has not been satisfied in this case.

9.  The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all other Americans should be justifiably proud of the FSM's service in arms.

10.  With respect to the FSM's Certificate of Merit, commanders may recognize acts, achievements, or periods of faithful service which do not meet the standards required for decorations by issuing an alternative document of local design.  Although copies of Certificates of Merit or similar documents will be filed in the Soldier's Official Military Personnel File (OMPF), there is no distinguishing device authorized for wear to indicate the receipt of a Certificate of Merit and there is no provision to list a Certificate of Merit on the WD AGO Form 53-55.  Therefore, there is no basis for granting this portion of the applicant's requested relief.





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:

   a.  awarding the FSM the Bronze Star Medal for meritorious service and exemplary conduct in ground combat against an armed enemy between
9 January 1945 to 8 May 1945,

	b.  awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge, and

   c.  adding to item 33 of the FSM's WD AGO Form 53-55 the Bronze Star Medal with 1st oak leaf cluster to signify two awards of the Bronze Star 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 award of the Purple Heart and adding the Certificate of Merit to the FSM's WD AGO Form 53-55.



      __________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)                                         AR20090012917



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ABCMR Record of Proceedings (cont)                                         AR20090012917



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