PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            5 August 1999     
	DOCKET NUMBER:   AR1999020847

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		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 correction of his military records to show award of the Bronze Star Medal (BSM) with “V” Device.

3.  The applicant states, in effect, that he was twice recommended for the BSM with “V” Device for his actions under enemy fire during World War II.  He contends that when two soldiers in his patrol were shot down by enemy fire, he made his way through enemy lines and brought back medical help thereby saving their lives.  He contends that he does not have any documentation, that his captain is now deceased and he has no memory of names of witnesses.      

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted on 5 February 1942.  He served as a cannoneer in the European-African-Middle Eastern Theater of Operations from 21 June 1943 through 22 October 1945 and was honorably discharged on 7 November 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the BSM with “V” Device as an authorized award.

6.  There is no evidence in the available records that the applicant was recommended for or awarded the BSM with “V” Device.     

7.  DA Form 1577, dated 3 December 1991, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Army of Occupation Medal (Germany).  The Board notes this award is not shown on his WD AGO Form 53-55. 

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.
  
CONCLUSIONS:

1.  Although the applicant contends that he was twice recommended for the BSM with “V” Device for his actions under enemy fire during World War II; there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the BSM with “V” Device.  Therefore, he is not entitled to correction of his military records to show this award. 

2.  The applicant was awarded the Army of Occupation Medal (Germany); therefore, he is entitled to correction of his military records to show this award.   

3.  In view of the foregoing findings 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 that the individual concerned was awarded the Army of Occupation Medal (Germany). 

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

BOARD VOTE:  

MDM____  AAO____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mark D. Manning_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999020847	
SUFFIX		
RECON		
DATE BOARDED	19990805	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451107	
DISCHARGE AUTHORITY	AR 165-365  	
DISCHARGE REASON	Convenience of Gov’t	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.