BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130019204 


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 an unspecified "Commendation Medal."

2.  The applicant states it appears that the Army did not make his "Commendation Medal" a matter of record.

3.  The applicant provides:

* letter of commendation, dated 2 May 1945
* Honorable Discharge Certificate
* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* self-authored letter to Headquarters, Department of the Army, dated 15 February 1984
* newspaper article
* DA Form 1577 Worksheet (Authorization for Issuance of Awards), undated
* DA Form 1577, dated 30 May 1984

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 complete military records are not available 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 to conduct a fair and impartial review of this case.

3.  The applicant's available records show he was inducted into the Army of the United States and entered active duty on 29 July 1944.

4.  His records contain a letter to the applicant from the Commander, Company C, 331st Infantry Regiment, dated 2 May 1945, subject:  Commendation, describing a battle he and his unit participated in and expressing gratitude to the Soldiers of Company C.

5.  His records do not contain a recommendation for or orders authorizing an award that includes the words "Commendation Medal" in the title of the award.

6.  His WD AGO Form 53-55 shows he was honorably discharged on 20 June 1946 in the rank of technician fourth grade.  At the time of his discharge he was assigned to the Company C, 331st Infantry Regiment, 83d Infantry Division.  He held military occupational specialty 014 (Motor Transportation Noncommissioned Officer).

7.  His WD AGO Form 53-55 also shows he departed the continental United States (CONUS) on 3 January 1945, arrived in the European theater of operations on 15 January 1945, and returned to CONUS on 14 June 1946.  He participated in the Ardennes, Rhineland, and Central Europe campaigns.  He was credited with 1 year, 5 months, and 12 days of foreign service.

8.  His WD AGO Form 53-55 further shows he was awarded or authorized the:

* European-African-Middle Eastern Campaign Ribbon with three bronze service stars
* Army Good Conduct Medal
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  Acts or service which do not meet the criteria for decorations or the various authorized certificates may be recognized by written or oral expressions of commendation or appreciation.  A written expression of commendation or appreciation will be typed on letterhead stationery and will not contain formalized printing, seals, or other distinguishing features which depart from normal letter form.  Such letters may be issued to military personnel.

DISCUSSION AND CONCLUSIONS:

1.  The applicant appears to be basing entitlement to an award with the words "Commendation Medal" in the title on a letter of commendation he received from his company commander.  However, this letter does not constitute a recommendation or authorization for an award for commendation.

2.  Unfortunately, there is no provision or requirement within Army regulations for adding letters of commendation to a WD AGO Form 53-55.  Regrettably, there is insufficient evidence to grant the requested relief.

3.  The evidence of record shows he was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is authorized award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____x___  _x_______  _x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 awarding him the Bronze Star Medal based on the award of the Combat Infantryman Badge for service from 15 January 1945 to 7 May 1945 and adding this award to his WD AGO Form 53-55.

2.  The Board further determined the evidence presented is 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 adding a "Commendation Medal" or letter of commendation to his WD AGO Form 53-55.



      ___________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)                                         AR20130019204



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ABCMR Record of Proceedings (cont)                                         AR20130019204



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