MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           19 January 2000                   
	DOCKET NUMBER:   AR1999027936

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		Member	

	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:  Award of the Bronze Star Medal.  

APPLICANT STATES:  The applicant submitted three applications.  He states, in effect, that the initial recommendation for award of the Bronze Star Medal was denied because his unit had exceeded its “quota” because of medals presented in the field by General Patton.  He contends that the recommendation should have been approved and requests that the decision on the recommendation be reversed.  In support of his application, he submits a letter of explanation dated 25 May 1999, the recommendation for award of the Bronze Star Medal dated 
26 April 1945 and excerpts from 1303rd Unit History.     

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant entered active duty on 9 June 1941.  He served as an operations & training staff officer during World War II and was released from active duty in the rank of captain on 5 July 1946.

The applicant’s WD AGO Form 53-55 (Military Record and Report of Separation), which was authenticated in his own hand, does not show the Bronze Star Medal as an authorized award. 

The applicant’s personnel records contain a Recommendation for Award of the Bronze Star, dated 26 April 1945.  The records also contain a first endorsement, dated 7 May 1945, which states “After careful consideration of the evidence submitted, it has been decided that this case, although commendable, does not meet the requirements for the recommended award as set forth in Army Regulation 600-45.”  This endorsement was signed “By command of General PATTON”.

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.  

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 Board noted the applicant’s contention that the recommendation for award of the Bronze Star Medal was denied because his unit had exceeded its “quota” because of medals presented in the field by General Patton.  However, evidence of record shows the approval authority determined that the applicant’s service did not meet the requirements for the recommended award as set forth in Army Regulation 600-45.”

2.  The Board also noted the applicant’s contentions that the recommendation for award of the Bronze Star Medal should have been approved and that the approval authority’s decision should be reversed.  However, in the absence of evidence showing that the award process in this case was flawed or was improper, the Board is not predisposed to overturn the decisions of the commanders on the scene at the time in question.  Therefore, the Board has determined that the applicant is not entitled to award of the Bronze Star Medal.

3.  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.

4.  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

RVO____  CLG_____  JPI_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027936	
SUFFIX		
RECON		
DATE BOARDED	20000119	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460705	
DISCHARGE AUTHORITY	AR 605-115  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.