PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                17 August 2000              
	DOCKET NUMBER:       AR2000036588

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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, in effect, that his Bronze Star Medal with “V” Device be upgraded to award of the Silver Star.

3.  The applicant states, in effect, that instead of the Silver Star he received the Bronze Star Medal with “V” Device.  In support of his application he submits three 
affidavits and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

4.  The applicant's military records were 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 15 February 1943 as a medical aid man (657).  He served in the Asiatic-Pacific Theater of Operations from 25 May 1944 to 9 December 1945 and was honorably discharged on 15 January 1946.

5.  The applicant’s WD AGO Form 53-55 shows the applicant was awarded the American Service Medal, the Asiatic-Pacific Service Medal with three bronze service stars, the Good Conduct Medal, the World War II Victory Medal and the Combat Medical Badge.

6.  There are no orders in the available records which show that he was awarded the Silver Star.  There also is no evidence in his records that he was recommended for award of the Silver Star.

7.  The affidavits provided by the applicant state that he was recommended for award of the Silver Star by his former commander for heroism in ground combat on 5 June 1944 by caring for the wounded and for saving numerous lives during this action.

8.  On 18 March 1998 a recommendation for award of the Silver Star was submitted under the provisions of Section 1130, Title 10, United States Code, by a Member of Congress on behalf of the applicant and was forwarded to the Army Decorations Board for consideration.

9.  In an 8 April 1998 letter, the Chief, Military Awards Branch, U.S. Total Army Personnel Command (PERSCOM) advised a Member of Congress that the award recommendation for the Silver Star pertaining to the applicant, had been accepted for processing under the provisions of Section 1130, Title 10 United States Code.  The Chief of the Awards Branch also indicated that this recommendation would be forwarded to the next Army Decorations Board for review and determination.

10.  In a 22 July 1998 letter, the Chief, Military Awards Branch advised the 
Member of Congress that the Army Decorations Board determined the applicant’s actions did not merit the proposed award.  However, the Commanding General (CG) of PERSCOM, on behalf of the Secretary of the Army, approved the Bronze Star Medal with “V” Device for the applicant’s actions on 5 June 1944.  Pursuant to this action, permanent orders and a certificate were published announcing the award.

11.  The Board notes the applicant is also entitled to the Bronze Star Medal based on award of the Combat Medical Badge.  This award of the Bronze Star Medal is not shown on his WD AGO Form 53-55.

12.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued on 25 November 1998 amending the applicant’s DD Form 214 to add the entry Bronze Star Medal with “V” Device and the Asiatic-Pacific Service Medal with four bronze service stars.

13.  Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden
and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.

14.  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.

15.  Army Regulation 600-8-22 also 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 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.

16.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

17.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

CONCLUSIONS:

1.  The applicant provided a statement by his former commander which shows that he was recommended for award of the Silver Star by his chain of command at the time of the applicant’s action on 5 June 1944.

2.  Evidence of record in this case shows than an award recommendation for the Silver Star was considered by the Army Decorations Board in 1999.  The Army Decorations Board determined that the degree of the applicant’s heroism did not meet the criteria for award of the Silver Star.  However, the CG, of PERSCOM, on behalf of the Secretary of the Army, approved the award of the Bronze Star Medal with “V” Device for the applicant’s heroic actions on 5 June 1944.

3.  This Board considered all information submitted and all available evidence of record in this case and found no compelling evidence which warranted upgrading the applicant’s award of the Bronze Star Medal with “V” Device to the Silver Star. Therefore, the Board determined award of the Bronze Star Medal with “V” Device was the appropriate recognition for the applicant’s heroism on 5 June 1944.

4.  The Board wants the applicant and all others concerned to know that this
action in no way diminishes the heroism and sacrifice by the applicant in service to the United States.  His actions on 5 June 1944 were recognized with an award of the Bronze Star Medal with “V” Device for heroism in action against an armed enemy and the applicant and all Americans should be justifiably proud of his service in arms and the recognition of his heroism.

5.  Evidence of record shows that the applicant is entitled to award of the Bronze Star Medal based on award of the Combat Medical Badge and the Bronze Star Medal with “V” Device.  Therefore, he is entitled to award of the Bronze Star Medal with “V” Device (First Oak Leaf Cluster) and correction of his records to show these awards.

6.  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 Bronze Star Medal with “V” Device (First Oak Leaf Cluster).

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

BOARD VOTE:  

SVW____  MHM____  LDS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_SHERRI V. WARD_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000036588	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460115	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY/GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  53		
2.  60		
3.		
4.		
5.		
6.