BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090013106 


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, correction of the letter that she received from the National Personnel Records Center (NPRC), dated 27 February 2009, listing the awards to which her late husband, a former service member (FSM) was entitled, to show he is entitled to the Bronze Star Medal (BSM).

2.  The applicant states the BSM is not included on the list of awards that FSM received.

3.  The applicant provides a copy of the letter from the NPRC, a copy of the FSM's Commonwealth of Virginia - Certificate of Death, and two photographs of the FSM's engraved BSM.

CONSIDERATION OF EVIDENCE:

1.  The FSM's records show that he inducted into the Army of the United States on 20 August 1942 and that he was performing duties of an enlisted Soldier as an infantryman.  After completing 6 months and 23 days of total active service, he was honorably discharged on 14 March 1943, under the provisions of Army Regulation 615-360 (Enlisted Men – Discharge; Release from Active Duty), for the convenience of the government to accept an appointment in the Army as a commissioned officer in the rank of second lieutenant.



2.  On 15 March 1943, the FSM accepted an appointment as a commissioned officer in the rank of second lieutenant.  He was promoted to the rank of first lieutenant on 3 August 1944 and further promoted to the rank of captain on 24 January 1946.

3.  On 19 March 1946, the FSM was honorably released from active duty (REFRAD) due to demobilization.  The WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service) the FSM was issued at the time of his REFRAD shows in item 28 (Battles and Campaigns) that he participated in the Rhineland, Ardennes, and Central Europe campaigns.  Item 29 (Decorations and Citations) shows he was awarded the American Campaign Medal, European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal.  Item 43 (Remarks) shows he was issued the Lapel Button.  The FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) that he was issued as a result of his discharge from enlisted status shows he was awarded the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Carbine Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The FSM's records contain a War Department, The Adjutant General's Office, Washington, DC letter, subject:  Letter Orders, dated 12 November 1947, announcing the award of the BSM to the FSM for exemplary conduct in ground combat against the armed enemy during the Ardennes-Alsace campaign in the European Theater of Operations (ETO).  The letter orders show that the award of the BSM was based on General (sic - should be Special) Orders Number 10, Headquarters, 310th Infantry Regiment, dated 17 January 1945 [the orders that awarded the FSM the Combat Infantryman Badge, effective 20 December 1944].

5.  The letter from the NPRC submitted by the applicant lists the awards to which the FSM is entitled and were shipped to her by the appropriate issuing command as requested.  The NPRC letter shows that the FSM is entitled to the American Campaign Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, World War II Victory Medal, Honorable Service Lapel Button World War II, Expert Marksmanship Qualification Badge with Carbine Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The BSM is not listed either on the FSM's WD AGO Form 53-98 or in the NPRC letter.

6.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  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 BSM is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the letter she received from the NPRC should be corrected to include the BSM.

2.  Her contentions have been noted.  However, the letter from the NPRC is not an official Army document.  Therefore, correcting this document does not fall within the purview of this Board.

3.  However, evidence of record shows that the FSM was in fact awarded the BSM by letter orders based on award of the Combat Infantryman Badge.  Therefore, as a matter of justice, it would be appropriate at this time to correct the FSM's WD AGO Form 53-98 to show this award.

4.  Additionally, the FSM was awarded the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Carbine Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be also be appropriate at this time to add these badges to the FSM's WD AGO Form 53-98.

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 item 29 of the FSM's WD AGO 53-98 the Bronze Star Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Carbine Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar

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 adding the Bronze Star Medal to the National Personnel Records Center letter, dated 27 February 2009, that was sent to the applicant.



      __________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)                                         AR20090013106



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ABCMR Record of Proceedings (cont)                                         AR20090013106



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