BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140003162 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the Bronze Star Medal.

2.  The applicant states he wants to know if he is entitled to receive the Bronze Star Medal for meritorious service.  He was a private first class (PFC) in the 95th Medical Gas Treatment Battalion during World War II.  The battalion received four battle stars and a Meritorious Unit Commendation.  He received a commendation in the form of a letter signed by Lieutenant General (LTG) WHS, Commanding General of the Ninth Army, and the Army Commendation Medal.  He recently found out that some men did receive the Bronze Star Medal.  

3.  The applicant provides:

* WD AGO Form 53-55
* Honorable Discharge Certificate
* WD AGO Form 100 (Separation Qualification Record)
* DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty)
* five letters
* three certificates 
* DA Form 1577 (Authorization for Issuance of Awards), dated 22 November 1993


* a printout titled War Tales
* three pages titled Criteria for a Bronze Star Medal
* one page of Army Regulation 600-8-22 (Military Awards)

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 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 the applicant's records were lost or destroyed in that fire.  However, his reconstructed record contains documents which are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 27 April 1943 and he entered active service on 4 May 1943. He held military occupational specialty 861 (Surgical Technician) and his last unit of assignment was the 95th Medical Gas Treatment Battalion.

4.  He departed the continental United States (CONUS) on 30 May 1944 and arrived in the European-African-Middle Eastern (EAME) Theater of Operations on 11 June 1944.  He departed the EAME Theater of Operations on 22 August 1945 and arrived back in CONUS on 1 September 1945.

5.  On 15 November 1945, he was honorably discharged in the rank of PFC by reason of demobilization.  He completed 1 year, 3 months, and 17 days of continental service and 1 year, 3 months, and 2 days of foreign service.

6.  Item 33 (Decorations and Citations) of the WD AGO 53-55 he was issued shows he was awarded or authorized the Army Good Conduct Medal, American Campaign Medal, EAME Campaign Medal, and World War II Victory Medal.

7.  He provides and his reconstructed record contains his WD AGO Form 100, wherein it states for a period of 27 months with the 95th Medical Gas Treatment Battalion in the United States, England, France, Belgium, Holland, and Germany, he fulfilled all of the duties required of him.  His duties consisted of working in operating rooms and various wards, in which he sterilized instruments, "prepped" patients for operation, and changed dressings using sterile techniques.  He gave plasma, glucose, and penicillin shots.

8.  He provides and his reconstructed record contains a letter, dated 2 May 1945, issued by LTG WHS, Commander, Ninth United States Army, subject:  Commendation, 95th Medical Gas Treatment Battalion, wherein LTG WHS stated in part, "one of the finest attributes of a military organization is that of adaptability. Nowhere was this characteristic better exemplified than in the operations by the 95th Medial Gas Treatment Battalion of the provisional Army hospitals."  LTG WHS further stated he desired to commend the personnel of the battalion for the very efficient manner in which its tasks were accomplished and to thank each officer and enlisted man for the part he played.

9.  His reconstructed record is void of orders awarding him the Bronze Star Medal.

10.  On 21 February 1996, he was awarded the Army Commendation Medal for meritorious service from August to December 1944.

11.  He provides and his reconstructed record contains a DD Form 215 to his WD AGO 53-55, dated 28 July 1998, wherein it deleted the EAME Campaign Medal and added the Army Commendation Medal, Meritorious Unit Commendation, EAME Campaign Medal with four bronze service stars, Army of Occupation Medal with Germany Clasp, and the Honorable Service Lapel Button World War II.

12.  Army Regulation 600-8-22 states:

	a.  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.  


	b.  The Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, were cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

13.  Title 10 of the U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command (USAHRC), ATTN: SGS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconstructed record is void of orders showing he was awarded the Bronze Star Medal.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Bronze Star Medal.  Regrettably, in the absence of orders, there is insufficient evidence to correct his WD AGO Form 53-55 to show award of the Bronze Star Medal.


2.  The applicant's contention that he recently found out that some men did receive the Bronze Star Medal is a valid contention.  The regulation states members who were cited in orders for either the Combat Infantryman Badge or the Combat Medical Badge, for exemplary conduct in ground combat, may be awarded the Bronze Star Medal based on their award of the Combat Infantryman Badge or the Combat Medical Badge.  Since the applicant was not awarded either badge, he does not meet the criteria for award of the Bronze Star Medal. 

3.  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 Title 10, U.S. Code, section 1130.

4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20140003162





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ABCMR Record of Proceedings (cont)                                         AR20140003162



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