IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100012266 


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, award of the Bronze Star Medal (BSM) and correction of his records to show this award.  

2.  The applicant states, in effect, he is 85 years old and he does not have much longer to live.  He was serving in combat during World War II (WWII) in New Guinea when Colonel A----'s gun boat got stuck on a sand bar.  He saved Colonel A----'s gun boat and he was told he would receive the BSM for one of his actions.

3.  The applicant provides a copy of:

* A Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 18 November 2009
* A Standard Form (SF) 180 (Request Pertaining to Military Records), dated 18 September 2005
* A National Archives (NA) Form 13075 (Questionnaire About Military Service), dated 3 October 2005
* A company photograph taken on 23 December 1943
* A "Surf and Sand" cover page
* A map of New Guinea


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 applicant’s military records were partially damaged by the National Personnel Records Center fire of 1973; however, the available documents are sufficiently legible to enable a response to the applicant's request for correction of his records.  In addition to the documentation provided by the applicant, information herein was obtained from the enlisted record, report of separation, and from other official Army sources.

3.  The applicant enlisted in the Regular Army on 26 March 1942.  He was assigned to the 533rd Engineer Boat and Shore Regiment during his entire enlistment.  He arrived in the Pacific Theater of Operations (PTO) on 18 January 1944 and he departed the PTO on 16 November 1944 en route to the continental United States.  

4.  The applicant's WD AGO Form 53 (Report of Separation) shows he was honorably discharged on 26 January 1945, in the rank of Private, and he was issued a Certificate of Disability for Discharge.  This certificate shows he was discharged under the provisions of Army Regulation 615-361 (Enlisted Men - Discharge - Medical), Section I, for a duodenal ulcer.

5.  The applicant’s available records show he was awarded the Army Good Conduct Medal and the Asiatic-Pacific Theatre Ribbon (correctly known as the Asiatic-Pacific Campaign Medal) with one bronze service star.

6.  The applicant’s records are void of any documentation showing he was recommended for award of the BSM.


7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  

8.  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.

9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  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’s request for correction of his records to show he was awarded the BSM was carefully considered; however, it was not supported by the evidence of record.

2.  Absent any corroborating evidence confirming his act of heroism or documentation showing he was recommended for or awarded the BSM; the regulatory burden of proof necessary to support award of the BSM has not been satisfied in this case.  However, while the available evidence is insufficient for awarding the applicant the 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.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 awarding the applicant the Bronze Star Medal.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  




      _______ 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)                                         AR20100012266



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100012266



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1