PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 October 2000
	DOCKET NUMBER:   AR2000043766

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		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, reconsideration of his application requesting he be awarded the Bronze Star Medal (BSM), which had been administratively returned without action based on the lack of military records.

3.  The applicant states, in effect, that he was told by his unit commander that he would receive a BSM for his meritorious achievement while assigned to the 
110th Anti Aircraft Artillery Gun Battalion (110th AAA Gun Bn) in Europe during World War II.  He provides a copy of his separation document, a Letter of Commendation (LOC) with endorsements, and a third party statement in support of his request.  

4.  The applicant’s military service records were not available during this review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed the applicant’s records were lost in that fire.  

5.  The evidence or record does contain a properly constituted War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), which was issued to and authenticated by the applicant with his signature on 8 December 1945, the date of his release from active duty (REFRAD).  

6.  The WD AGO Form 53-55 also verifies that the applicant was inducted into the Army of the United States (AUS) on 20 March 1943 and that he served on active duty for 2 years, 8 months, and 19 days until being honorably discharged on 8 December 1945.  

7.  In addition, the WD AGO Form 53-55 confirms that the applicant served in the European Theater of Operations (ETO), from 29 December 1943 to 
21 November 1945, and that he participated in the following campaigns of World War II:  Normandy, Northern France, Rhineland, Ardennes, and Central Europe.

8.  In support of his request, the applicant also provides the enclosed third party statement, dated 19 February 2000.  This statement is from an individual who represents himself as being an AUS Captain (CPT) who is aware of a specific deed for which the applicant was recommended for the BSM.  It indicates, in effect, that on 7 June 1945 the applicant was ordered, by his unit commander, to return to Omaha Beach and guide the second section of their unit to a new position inland.  It also points out that while performing this mission the applicant endured sniper fire, mortar fire, and machine gun fire.

9.  Additionally, the third party support statement indicates that upon the successful completion of the 7 December 1944 mission, the applicant was recommended for the BSM by his unit commander.  The individual submitting this statement, also comments that he only recently discovered that the applicant had not received the BSM for this action and that, in his opinion, this is a miscarriage of justice.  He recommends that this injustice be immediately rectified by awarding the applicant the BSM.

10.  In support of his request, the applicant also provides a LOC, dated 
10 May 1945, that was issued by his Brigade Commander, a Brigadier General (BG).  The subject of this LOC was “Commendation on Performance of Duty in the Normandy, Northern France , Ardennes, Rhineland, and Central European Campaigns.”  

11.  This LOC from the Brigade Commander characterizes the applicant’s unit as a hard bitten unit and commends its members for their outstanding drive, tenacity of purpose, and aggressiveness in the performance of all their combat missions during the subject named campaigns.  The BG also provided specific examples of the unit’s combat mission accomplishments and its contributions during each of the above mentioned campaigns.  The LOC specifically mentions the applicant’s Battalion (Bn) Commander, by name, and recognizes him for his personal courage in the execution of these difficult combat missions. 

12.  In turn, the Bn Commander added a 2nd endorsement to the LOC which he addressed to the applicant, by name.  In this endorsement, the Bn Commander stated, in effect, that he had always been extremely confident that the applicant would be able to perform any task assigned to him, no matter how difficult, and that the applicant had justified this confidence on innumerable occasions.  In addition, the Bn Commander stated that the applicant’s accomplishment of the impossible became a routine occurrence, and that he sincerely felt that the applicant, through his resourcefulness, ingenuity, courage, and hard work, was responsible for the unit’s success during the cited combat missions of the subject named campaigns. 

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 
3 provides procedures and guidance pertaining to individual military decorations. Paragraph 3-13 outlines the criteria for the award of the BSM.  It states, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service in connection with military operations against an armed enemy.  

14.  Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947.  This paragraph also stipulates that for this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders. 

CONCLUSIONS:

1.  By regulation, the BSM is authorized for members of the Armed Forces of the United States who, after 6 December 1941, have been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy during World War II.  

2.  The evidence or record does not include an award recommendation, order, or certificate supporting the applicant’s entitlement to the BSM.  However, there is a 2nd endorsement from the applicant’s BN Commander on file.  This document bestowed personal credit on the applicant for the unit’s combat mission success during five major campaigns of World War II, as confirmed in a LOC from the applicant’s Brigade Commander.  

3.  Additionally, a third party statement provided in support of this application chronicles the applicant’s deeds of 7 June 1944 and further indicates that the unit commander recommended the applicant for the BSM for this mission. 

4.   In the opinion of the Board, the LOC and third party statement are credible and when taken in concert they adequately document and verify the applicant’s exemplary conduct in ground combat against an armed enemy during World War II.  Thus, the Board concludes that relief is warranted in this case.  

5.  Notwithstanding the lack of a specific award recommendation, order, or certificate, the Board finds, in the interest of justice and equity and as an exception to policy, that it would be appropriate to award the applicant the BSM, for his meritorious combat service during World War II, while serving in the ETO from 29 December 1943 to 21 November 1945.  

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the BSM for meritorious service, between 29 December 1943 and 21 November 1945, based on his exemplary conduct in ground combat against an armed enemy during 
World War II.

BOARD VOTE:  

___lds___  __rvo ___  __be____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2000043766	
SUFFIX		
RECON		
DATE BOARDED	2000/10/17	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/12/08	
DISCHARGE AUTHORITY	615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60	107.0014	
2.		
3.		
4.		
5.		
6.