DOCKET NUMBER: AR20100007409
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 award of the Bronze Star Medal.
2. The applicant makes no statement in support of his application.
3. The applicant provides copies of his Honorable Discharge Certificate and
AGO Form 0150-4 (Transcript from Enlisted Record)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant'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. The records available to the Army Board for Correction of Military Records were provided in part by the applicant and also obtained from alternate sources and are sufficient for the Board to conduct a fair and impartial review of this case. The primary record available to this Board is the applicants AGO Form 0150-4.
3. The applicant was inducted into the Army of the United States on 27 February 1941 and entered active duty the same date.
4. The applicant arrived in the European Theater of Operations on 25 January 1943. He participated in five campaigns and he was wounded in Germany on
25 November 1944. He returned to the continental U.S. on 15 June 1945.
5. On 21 June 1945, the applicant was discharged. He had completed 4 years, 3 months, and 24 days of active service that was characterized as honorable. Item 31 (Decorations and Citations) of his AGO Form 0150-4 does not show he was awarded the Bronze Star Medal.
6. Army Regulation 600-45 (Personnel, Decorations), in effect at the time, stated the Bronze Star Medal was awarded to any person who, while serving in any capacity in or with the Army of the United States, on or after 7 December 1941, distinguished, or had distinguished, himself by heroic or meritorious achievement or service not involving participation in aerial flight, in connection with military operations against an enemy of the United States. The required achievement or service was less than that required for award of the Silver Star or Legion of Merit, but must have been accomplished with distinction.
7. Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award.
8. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: U.S. Army Human Resources Command, Soldier Programs and Services Division, 200 Stovall Street, Room 3S67, Alexandria, VA 22332-0405. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Bronze Star Medal.
2. There is no available evidence showing the applicant was recommended for or awarded the Bronze Star Medal. Therefore, there is no basis on which to grant the applicant's request.
3. While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.
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) AR20100007409
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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