PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            17 February 1999                      
	DOCKET NUMBER:   AR1998013442

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Lounderman		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John Saputo		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 that his records be corrected to show award of the Medal of Honor.

3.  The applicant, through his daughter, states that he accomplished many heroic acts to include opening the gates to 3 Polish prison camps, 2 allied prison camps, 2 American Stalags, found and freed 5 soldiers from his hometown, captured a company of German soldiers, captured 2 German generals (including Field Marshall Jodl), and captured more German soldiers than Sergeant Alvin York in World War I.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

5.  The applicant was inducted on 25 November 1942, but did not enter active service until 9 December 1942.  He completed his required training and was awarded military occupational specialty (MOS 745 (Rifleman).  During the period 29 January to 14 July 1945, he served in the European Theater of Operations.

6.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with a separation date of 19 October 1945, does not show the Medal of Honor as an authorized award.

7.  The Board notes the applicant is entitled to award of the Bronze Star Medal for meritorious service, based on award of the Combat Infantryman Badge and the Good Conduct Medal for the period 9 December 1942 to 19 October 1945.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Medal of Honor.  The Medal of Honor is awarded by the President in the name of Congress to a person who while a member of the Army distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The regulation provides that the deed performed must have been one of personal bravery or self sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved the risk of life.  Further, the regulation requires that “incontestable proof” of the performance of the service will be exacted and each recommendation for this decoration will be considered on the standard of extraordinary merit.

9.  Army Regulation 600-8-22 (Military Awards) 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 such 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.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

CONCLUSIONS:

1.  There is no evidence which shows the applicant was recommended for or was awarded the Medal of Honor.

2.  The Board noted his entitlement to award of the Bronze Star Medal for meritorious service, based on award of the Combat Infantryman Badge and the Good Conduct Medal for the period 9 December 1942 to 19 October 1945.

3.  In view of the foregoing, the applicant’s records should be corrected 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 for meritorious service, based on award of the Combat Infantryman Badge and the Good Conduct Medal for the period 9 December 1942 to 19 October 1945.

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

BOARD VOTE:  

CHL____  FNE_____  JS______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998013442	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990217	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451025	
DISCHARGE AUTHORITY	AR 615-362	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.107	Medal of Honor, Bronze Star Medal, Good Conduct Medal	
2.		
3.		
4.		
5.		
6.