PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 May 2000 
	DOCKET NUMBER:   AR2000035376

	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. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		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 or the Silver Star.

3.  The applicant states that he was put in for the Bronze Star Medal during World War II.  He states that someone in his outfit said the applicant should receive the Silver Star.  However, the applicant writes that he did not receive these medals.  In support of his application, the applicant submits a letter of explanation.

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 that he was inducted on 2 August 1941.  The applicant served in the Asiatic-Pacific Theater from 17 April 1942 to 26 March 1943.  He then served in the European-African-Middle Eastern Theater of Operations from 23 August 1944 to 3 October 1945.  He was honorably discharged on 19 October 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Bronze Star Medal or the Silver Star as authorized awards.  

6.  There are no orders in the limited records available to the Board which awarded the Bronze Star Medal or the Silver Star to the applicant.

7.  In his letter of explanation, the applicant explains that, during the Battle of the Bulge, he relayed artillery calls for fire which stopped the German advance.  For these actions, he contends that he was put in for the Bronze Star Medal, “but the writeup was too much for the Bronze Star” and “they put [him] in for the Silver Star.”  The applicant also writes that he just forgot all about these awards because the unit received orders to come home.

8.  The Board notes that the applicant’s discharge document does not show entitlement to the World War II Victory Medal.

9.  Army Regulation 600-8-22 provides in paragraph 3-1c that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

10.  Army Regulation 600-8-22 provides in paragraph 1-15 that awards may be made after the fact in cases where no award was made because it was lost or through inadvertence was not acted upon.  However, to be considered for an award under these conditions, the regulation requires:  a) Conclusive evidence of the formal submission of the recommendation into military channels;  b) Conclusive evidence of the loss of the recommendation or the failure to act on the recommendation through inadvertence; and  c) A copy of the original recommendation or its substantive equivalent. 

11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  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.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was recommended for and should have received the Bronze Star Medal or the Silver Star for relaying calls for fire during the Battle of the Bulge.  However, these contentions alone are not sufficient for award of either the Bronze Star Medal or the Silver Star.  Evidence must be provided to show that a formal recommendation was submitted and it was lost or not acted upon by the approval authority.

2.  There is no evidence that the unit commander, who was at the scene at the time of the actions by the applicant, prepared or submitted a formal recommendation for an award to the applicant.  There is no evidence which shows that the approval authority approved or disapproved an award for the applicant.  

3.  In the absence of evidence that a formal recommendation was prepared and submitted, but was lost enroute to the approval authority or was inadvertently not acted upon by the proper approval authority, there is no basis for this Board to consider an award of the Bronze Star Medal or the Silver Star to the applicant. 

4.  Based on the applicant’s service in World War II, he is entitled to award of the World War II Victory Medal and correction of his records to show this award.

5.  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 the individual concerned was awarded the World War II Victory Medal.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000035376	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000516	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	19451019	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.