PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            20 January 1999                  
	DOCKET NUMBER:   AC98-11940
				   AR1998013298

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

	Mr. Loren G. Harrell		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Robert W. Garrett		Member	
	Ms. Deborah S. Jacobs		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his WD AGO 53-55 (Enlisted Record and Report of Separation) be corrected to show an award for saving the life of his superior officer during World War II.  

3.  The applicant states, in effect, that he was never recommended for an award for saving the life of his superior officer World War II.  He also states that he 
wants to be recognized for his actions.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 4 August 1942.  He served in the Asiatic-Pacific Theater from 26 September 1943 to 27 March 1945 and was honorably discharged on 12 October 1945.

5.  The applicant’s WD AGO 53-55 shows he was awarded the Asiatic-Pacific Theater Ribbon with two bronze battle stars, the Good Conduct Medal, the Purple Heart, and the Philippine Liberation Ribbon.  He participated in the New Guinea and Luzon Campaigns.  The Board notes that his WD AGO 53-55 does not show the Bronze Star Medal and the World War II Victory Medal as authorized awards. 

6.  The WD AGO 53-55 shows he was awarded the CIB during World War II.

7.  Army Regulation 600-8-22 provides, in pertinent part, that 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

9.  Army Regulation 600-8-22, in pertinent paragraph, established that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.

10.  The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is bet provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred tot he Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requester.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO 53-55 to show this award.

2.  Evidence of record shows that the applicant was eligible for award of the World War II Victory Medal; therefore, he is entitled to correction of his records to show this award. 

3.  The Board noted the applicant’s description of the events surrounding the medical aid he gave to his superior officer.  There is no evidence that a recommendation for award was formally submitted, was lost or was otherwise not acted upon.  Therefore, there is no basis for an award.  As a result, the Board has determined that, if the applicant believes he should have received an award for his actions during World War II, then he may submit a request under the provisions of the National Defense Authorization Act for Fiscal Year 1996.

4.  In view of the foregoing finds and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge and the World War II Victory Medal.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

JH_____  RWG_____  DSJ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11940/AR1998013298	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990120	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.