RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02373
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED: NOT INDICATED

MANDATORY CASE COMPLETION DATE:  2 FEB 2009

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APPLICANT REQUESTS THAT:

He be awarded the Bronze Star Medal (BSM).

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APPLICANT CONTENDS THAT:

His WD AGO 53-55, Enlisted Record and Report of Separation – Honorable Discharge, dated 8 Dec 45, did not reflect award of the BSM.  

In support of his appeal, applicant submitted a news clip from 1944-1945 timeframe from the Norwich Bulletin, Norwich, CT.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s records were destroyed by fire at the National Personnel Record Center; therefore the following information has been extracted from the documents provided by the applicant.  Based on available evidence, the applicant was inducted in the Army Air Forces on 15 Mar 43.  His highest grade held was private first class.  He served as a military policeman.

On 8 Dec 45, applicant was honorably discharged under the provisions of AR 615-365 with a reason for separation of convenience of the government.  He was credited with 2 years, 8 months, and 24 days of active duty service, including 1 year, 9 months, and 17 days of foreign service.  He was awarded the Good Conduct Medal, European African Middle Eastern Theater Campaign Ribbon, and the Victory Medal.  

The Bronze Star Medal, authorized by Executive Order No. 9419 on 4 Feb 44, is awarded to a person in any branch of the military service who, while serving in any capacity with the Armed Forces of the United States on or after 7 Dec 41, shall have distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.

The award recognizes acts of heroism performed in ground combat if they are of lesser degree than that required for the Silver Star. It also recognizes single acts of merit and meritorious service if the achievement or service is of a lesser degree than that deemed worthy of the Legion of Merit; but such service must have been accomplished with distinction.

Army personnel who, as members of the Armed Forces of the United States between 7 Dec 41, and 2 Sep 45, were awarded the Combat Infantryman's Badge or Medical Badge for exemplary conduct may upon application receive the Bronze Star Medal. Although these World War II badges were not authorized for award until after July 1, 1943, those whose meritorious achievements in combat before that date can be confirmed in writing may also be eligible for the Bronze Star Medal.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's decorations were awarded properly and in compliance with appropriate directives.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02373 in Executive Session on 27 September 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Mar 07, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, SAF/MRBR, dated 13 Aug 07.