IN THE CASE OF:	  

		BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120004320 


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 reconsideration of an earlier request for a second award of the Bronze Star Medal (BSM). 

2.  The applicant states a fellow Soldier (sergeant) he served with in the 62nd Armored Infantry Battalion (AIB), 14th Armored Infantry Division (AID) received the BSM with one Oak Leaf Cluster (2nd Award).  He states this Soldier said "IF I RECIEVED [sic] THESE MEDALS OR RIBBONS, THAN [sic] S/SGT (staff sergeant) (applicant's last name) SHOULD GET THE SAME MEDALS."

3.  The applicant provides:

	a.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 16 October 1985, which amended his
WD AGO Form 53-55 (Enlisted Record and Report of Separation) by deleting the European-African-Middle Eastern (EAME) Campaign Medal with two bronze service stars and adding the EAME Medal with three bronze service stars.

	b.  An Authorization for Issuance of Awards, dated 25 October 1985, which shows he was authorized the BSM (based on award of the Combat Infantryman Badge) and one silver service star to be worn on his EAME.   

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110013274, on 20 December 2011.

2.  The applicant's argument that a fellow Soldier he served with during World War II received the BSM with one Oak Leaf Cluster and that he (the applicant) should have received the same medals is new evidence that will be considered by the Board.

3.  His 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 applicant'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.

4.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 6 March 1943 and he entered active duty on 13 March 1943.  He served as an infantryman in the European Theater of Operations from 
28 November 1944 to 1 March 1946 and he was honorably discharged on 
16 March 1946.

5.  His WD AGO Form 53-55 shows in item 6 (Organization) he was assigned to Headquarters Company, 62nd AIB, 14th Armored Division.  His WD AGO Form 53-55 does not show the BSM as an authorized award.

6.  There are no orders for the BSM in the available records.

7.  On 20 December 2011, the ABCMR granted partial relief by amending his WD AGO Form 53-55 as follows:

* Adding the Ardennes-Alsace campaign
* Deleting the EAME Medal with two bronze service stars and adding the EAME Medal with three bronze service stars
* Adding the BSM (based on award of the Combat Infantryman Badge) and Army of Occupation Medal with Germany Clasp 

8.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As 
with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The regulation states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the BSM.

9.  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.

10.  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 contends since a fellow Soldier he served with during World War II received the BSM with one Oak Leaf Cluster, he should have received the same.  However, each case is decided on its own merits.  In the absence of orders or other corroborating evidence, the fellow Soldier's statement alone is not sufficient as a basis for award of the BSM.  

2.  There are no orders for the BSM in the available records.  Regrettably, there is insufficient evidence in which to grant the applicant's request for a second BSM.

3.  While the available evidence is insufficient for awarding the applicant the BSM, this is no way affects his right to pursue his claim for the BSM 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:

1.  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 to amend the decision of the ABCMR set forth in Docket Number AR20110013274, dated 20 December 2011.

2.  The applicant and all others concerned should know this action in no way diminishes the sacrifices he made 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)                                         AR20120004320



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ABCMR Record of Proceedings (cont)                                         AR20120004320



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