IN THE CASE OF:
BOARD DATE: 9 July 2013
DOCKET NUMBER: AR20120022222
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 (BSM).
2. He states he received the Certificate of Merit in recognition of conspicuously meritorious and outstanding performance of military duty and "for outstanding work during combat against our enemy Germany." He adds he was told by the Certificate of Merit approval authority that the certificate could be exchanged for the BSM.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and a European Theater of Operations (ETO), U.S. Army Certificate of Merit.
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 are not available to the ABCMR 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 for the ABCMR to conduct a fair and impartial review of this case.
3. Records available to the Board show the applicant was inducted into the Army of the United States on 6 May 1943 and entered active duty on 13 May 1943. He served in the European-African-Middle Eastern Theater of Operations from
12 December 1944 to 12 January 1946 and he was honorably discharged on
27 January 1946.
4. He provided an ETO Certificate of Merit that indicates he was awarded this certificate in recognition of conspicuously meritorious and outstanding performance of military duty. The citation reads "for outstanding work during combat against our enemy Germany." The certificate is signed by a lieutenant colonel (LTC), but contains no date of signature or the period of service for the award. Additionally, there are no orders provided with the certificate and no orders were found in his available record.
5. 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. Award may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947.
6. The same regulation states that the Army Commendation Medal (ARCOM) may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.
DISCUSSION AND CONCLUSIONS:
1. The fact that the applicant provided an ETO Certificate of Merit awarded by a lieutenant colonel is not sufficient evidence upon which to add the BSM to his
WD AGO Form 53-55. This authority for the award of the BSM relates specifically to exemplary conduct of meritorious achievement in ground combat.
2. However, as specified in the regulation, the ARCOM may be awarded as an alternative to the Certificate of Merit if the award was signed by a major general or higher. Unfortunately, he provided no Certificate of Merit signed by a major general and no evidence was found in his available personnel record. Therefore, there is insufficient evidence to support addition of the BSM or the ARCOM to his WD AGO Form 53-55.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120022222
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ABCMR Record of Proceedings (cont) AR20120022222
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