BOARD DATE:	  1 August 2013

		DOCKET NUMBER:  AR20130000740 


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, the son of a deceased former service member (FSM), requests  correction of his father's records to show award of the Legion of Merit, a second Bronze Star Medal, and a "V" device. 

2.  The applicant states he needs to prepare his father's headstone with his awards listed.  He further states his father had 2 Bronze Star Medals in his display case and he wore a cluster on his Bronze Star Medal ribbon on his dress blue uniform when he passed away. 

3.  The applicant provides:

* Certificate of Death
* Certificate of Birth
* Durable General Power of Attorney
* a letter from the National Personnel Records Center
* WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service)
* a newspaper photograph
* WD AGO Form 01254 (Transcript of Military Record)
* General Orders Number 9
* General Orders Number 40




CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service and upon completion of Officer Candidate School, the available evidence shows the FSM entered active duty on 11 May 1944, and he served in military occupational specialty 1542 (Rifle Platoon Leader).  He served 1 year, 8 months and 10 days in the continental United States (CONUS), and 4 months, and 8 days in the European Theater of Operations (ETO).  

2.  On 29 May 1946, the FSM was honorably released from active duty.  The  WD AGO Form 53-98 the FSM was issued at the time shows in:

	a.  item 28 (Battles and Campaigns) he served in the Rhineland campaign.

	b.  item 29 (Decorations and Citations) he was awarded the following awards:

* American Theater Service Medal
* European-African-Middle Eastern Theater Service Medal
* World War II Victory Medal
* Purple Heart

c.  item 43 (Remarks) Combat Infantryman Badge.

3.  The FSM's record contains a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which shows he was appointed in the Regular Army while on active duty as a Reserve officer on 6 November 1947.  

4.  The applicant provides and the FSM's record contains General Orders Number 40, issued by Headquarters, Department of the Army, Washington, D.C., dated 9 December 1965, which award the FSM the Legion of Merit.

5.  On 28 February 1965, the FSM retired honorably after 20, but less than        30 years of active federal service.  The DD Form 214 he was issued at the time shows he was awarded:

* National Defense Service Medal
* Army Aviator Badge
* Senior Army Aviator Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (.30 Caliber)

6.  The FSM's records contain a DA Form 66 (Officer Qualification Record), on which item  21 (Awards and Decorations) lists the Bronze Star Medal and cites General Order 3, issued by Headquarters, 346th Infantry Regiment, dated 8 January 1945; however, his records do not contain the general orders which awarded him the Bronze Star Medal.  

7.  There is no additional evidence in the FSM's records and the applicant did not provide any evidence that shows he was recommended for or awarded a second Bronze Star Medal or "V" device.

8.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal 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.  

9.  Army Regulation 600-8-22 states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his father's record should be corrected to show award of the Legion of Merit, a second Bronze Star Medal, and a "V" device has been carefully examined and found to have partial merit.

2.  General orders show the FSM was awarded the Legion of Merit which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The FSM's record shows General Order 3 awarded him the Bronze Star Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  There is no evidence in the FSM's records and the applicant provides none to show the FSM was awarded a second Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  The FSM's service and sacrifices during WWII as well as the applicant's sincerity are not in question.  However, in the absence of official orders, there is insufficient evidence to correct his records to show a second Bronze Star Medal.

5.  In addition, there is insufficient evidence to show that the FSM's actions involved acts of heroism involving conflict with an armed enemy sufficient for award of a "V" device.

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 the Legion of Merit and Bronze Star Medal to his DD Form 214.

2.  The Board further determined that the evidence presented was 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 award of a second Bronze Star Medal and a "V" device.  




      _______ _   _______   ___
       	   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)                                         AR20130000740





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ABCMR Record of Proceedings (cont)                                         AR20130000740



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