MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            18 February 1999 
	DOCKET NUMBER:   AC98-10754
				   AR1999021882

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. 

	Mr.	Loren G. Harrell		Director	
	Ms.	Deyon D. Battle		Analyst	

	The following members, a quorum, were present:

	Mr.	Thomas N. Kuhn		Chairperson	
	Mr.	John P. Infante		Member	
	Mr.	James P. Steuve		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Bronze Star Medal (BSM) w/“V” device and the American Campaign Medal (ACM).

APPLICANT STATES:  That he is entitled to the BSM w/”V” device because the BSM was awarded to him for valor.  He further states that he served outside of the United States in the American Theater for more than 30 days, and therefore, he is entitled to the ACM.  In support of his appeal, he submits what appears to be an undated portion of the orders awarding him the BSM, a copy of a letter to the US Army Reserve Personnel Center dated 14 October 1991, requesting that he be issued the medals that he earned while he was in the Army, a copy of his Honorable Discharge Certificate and a copy of a newspaper clipping indicating that he was awarded the BSM for heroic achievement.

EVIDENCE OF RECORD:  The applicant's military records were partially destroyed in the 1973 fire at the National Personnel Records Center at St. Louis, Missouri which destroyed approximately 18 million service records.  However, the available records show:

He was inducted into the Army on 26 June 1943 and he successfully completed his training as a surgical technician.

His awards include the Bronze Star Medal, the European African Middle Eastern Campaign Medal and Ribbon w/3 Bronze Service Stars, the Good Conduct Medal, the Purple Heart, the Combat Medical Badge and the World War II Victory Medal and Ribbon.

A review of the record reveals that the applicant was awarded the BSM for heroic achievement after he and a number of his companions rescued many wounded men who were trapped in a wrecked building while under heavy fire in Italy.

Further review of the record fails to show that the applicant served within the boundaries of the American Theater or that he is entitled to award of that medal.

Army Regulation 600-8-22 provides, in pertinent part, that the American Campaign Medal is awarded for service within the boundaries of the American Theater between 7 December 1941 and 2 March 1946 on permanent assignment outside the continental limits of the United States (CONUS); permanently assigned as a member of a crew of a vessel sailing ocean waters for a period of 30 consecutive days or 60 nonconsecutive days; outside the CONUS limits in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days; in active combat against the enemy and was awarded a combat decoration or furnished a certificate by the commanding general of a corps, higher unit, or independent force that the soldier actually participated in combat; or within the CONUS limits for an aggregate period of 1 year.  

That same regulation provides that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized. The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The applicant was awarded the BSM for heroic achievement.  There is no evidence that orders were ever prepared for the issuance of a “V” device for valor.

3.  There is no evidence of record to support the applicant’s contention that he is entitled to the award of the ACM.  He was awarded the European African Middle Eastern Campaign Medal and Ribbon w/3 Bronze Service Stars to represent his service in that theater.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__thk ___  ___jpi___  __jps  ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10754/AR1999021882	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/18	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON	 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  107.0014	BSM	
2.  107.0063	ACM	
3.		
4.		
5.		
6.