PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            23 March 2000  
	DOCKET NUMBER:   AR1999028741

	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.  

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Roger Able		Member	
	Mr. James E. Anderholm		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 award of the Bronze Star Medal.  He states that he received “the medal of the city” of Ghent and letter of commendation from “General Brerenton…in recognition for the successful Rhine River Crossing Operation” but he and another soldier recognized in the letter of commendation “were already on another assignment when letter was received and Bronze Stars issued.”  He noted the letter of commendation “was inadvertently burned with other sensitive documents when the CIC office was de-activated.”  He states that “considering the nature of [his] mission and the circumstances under which we had to operate” he believes his request for award of the Bronze Star Medal should be “rectified as early as possible.”

3.  The applicant’s records were apparently lost or destroyed during the 1973 fire at the National Personnel Record Center.  Information contained in documents provided by the applicant, however, indicate that he entered active duty on 
10 November 1943 and served overseas between July 1944 and August 1946 as an investigator.  

4.  He was released from active duty on 29 August 1946 as a result of demobilization.  His WD AGO Form 53-55 (report of separation) does not reflect entitlement to the Bronze Star Medal.

5.  According to information contained on the applicant’s WD AGO Form 100 (separation qualification record) he “operated as an investigator under intelligence headquarters…received civilian Bronze medal engraved to his name from the city of Ghent” and “received letter of commendation from the C.G. of the 1st Airborne Army on work prior to the crossing of the Rhine.”  There is no mention of a recommendation for, or award of, the Bronze Star Medal.

6.  Army Regulation 600-8-22 states that the Bronze Star Medal was established in February 1944 and awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

7.  Army Regulation 600-8-22 also states that the Army Commendation Medal may be awarded as a conversion award to any individual commended after 
6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from letter of appreciation, signed by an officer in the grade or position of a major general or higher.

8.  General Lewis H. Brereton (which the applicant incorrectly spelled Brerenton) was born 21 June 1890 and died 20 July 1967.  He graduated from the U.S. Naval Academy in 1911 and was one of the first graduates of the Signal Corps Aviation School (1913).  In WWI, he commanded the 12th Aero Squadron, one of the first American flying units on the front; at the beginning of World War II he was commander of the Far East Air Force in the Philippines; then Deputy Air Commander-in-Chief, Allied Air Forces, in Java (January-June 1942); Commander, Middle East Air Forces (9th Air Force) June 1942-October 1943); Commanding General of the Ninth Air Force in the European Theater (October 1943-August 1944); and Commander of the First Allied Airborne Army (August 1944-May 1945).  After the War until his retirement in 1948 he was Chairman of the Military Liaison Committee to the Atomic Energy Commission in Washington, D.C.  His personal papers, consisting of personal correspondence, messages, lectures and articles, orders, commissions, commendations, awards and decorations, a military map of WWII, and other material are part of the collection maintained at the Dwight D. Eisenhower Library in Abilene, Kansas (Acc. No.:A69-44, Location: Range M2B Section 3).  Literary rights to the collection were retained by the general’s spouse and upon her death will pass to the people of the United States..

CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, that he was ever recommended for, or awarded, the Bronze Star Medal.  His belief that he is entitled to the award is not a basis to award the decoration.

2.  Contrary to the applicant’s contention, his letter of commendation from General Brereton was apparently processed to conclusion, as it is documented on his WD AGO Form 100.  While the letter of commendation does not entitle the applicant to an award of the Bronze Star Medal it does entitle him to an Army Commendation Medal as a conversion award.

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 awarding the individual concerned the Army Commendation Medal as a conversion award based on his World War II letter of commendation from General Brereton.

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

BOARD VOTE:  

___slp__  ____ra__  ___jea__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028741	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000323	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.