PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            2 November 2000
	DOCKET NUMBER:   AR2000043951

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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, promotion to captain and award of the Bronze Star Medal.

3.  The applicant states that he signed a form in the hospital entitling him to an upgrade from first lieutenant to captain due to his long hospitalization.  He also contends that he is entitled to the Bronze Star Medal for participating in “Operation COBRA”.

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant entered active duty on 5 October 1942.  He served as an infantry unit commander in the European Theater of Operations from 15 December 1943 to 3 December 1944 and was released from active duty on 24 November 1946.  The applicant was awarded the Combat Infantryman Badge during World War II.  

5.  Item 3 (AUS [Army of the United States] Grade) on the applicant’s WD AGO Form 53-98 (Military Record and Report of Separation), which was authenticated in his own hand, shows the entry “1ST LT” [first lieutenant].  His WD AGO Form 53-98 does not show the Bronze Star Medal as an authorized award.  

6.  There is no evidence in the available records which shows the applicant was promoted to captain prior to his release from active duty on 24 November 1946.  

7.  There is no evidence in the available records which shows the applicant had attained a minimum efficiency index of 40 or that as a first lieutenant he had served 18 months in grade to be eligible for promotion to captain. 

8.  There is no evidence in the available records which shows the applicant was awarded the Bronze Star Medal for meritorious achievement or service. 

9.  DA Forms 1577 (Authorization for Issuance of Awards), dated 18 June 1984 and 8 August 1986, show the Army Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the Presidential Unit Emblem and the Bronze Star Medal (based on award of the Combat Infantryman Badge).  These awards are not shown on his discharge document.

10.  War Department Circular 140, dated 15 May 1946, provided that officers may be promoted on relief from active duty if they met one of two different criteria.  The first provision permitted promotion of officers with an efficiency index of 35 or more who had more than two years of service subsequent to 
16 September 1940 and who were not promoted while on active duty.  The second provision of this circular provided for promotion of officers who had attained a minimum efficiency index of 40 and as second or first lieutenants had served 18 months in grade to be eligible for promotion to first lieutenant or captain, respectively; 24 months in grade as a captain or major for promotion to major or lieutenant colonel, respectively; and 30 months in grade as a lieutenant colonel for promotion to colonel.

11.  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.  

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he signed a form in the hospital entitling him to an upgrade from first lieutenant to captain due to his long hospitalization.  However, the applicant has provided no evidence to support this contention.

2.  There is no evidence, and the applicant has provided no evidence, which shows that he attained an efficiency index of 40 or served 18 months in grade or otherwise met the requirements in effect at the time for promotion to captain.

3.  Evidence of record does show that the applicant signed his WD AGO Form 53-98 attesting to the fact that he was a first lieutenant when he was released from active duty on 24 November 1946.  Therefore, the Board determined that in the absence of any evidence or error or injustice there is no basis to approve the applicant’s request for promotion to captain.    

4.  The applicant’s contention that he is entitled to award of the Bronze Star Medal for participation in “Operation COBRA” was also noted by the Board.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal for meritorious achievement or service.  Therefore, the applicant is not entitled to correction of his military records to show award of the Bronze Star Medal.

5.  The applicant was awarded the Presidential Unit Emblem and the Bronze Star Medal (based on award of the Combat Infantryman Badge).  Therefore, the applicant is entitled to correction of his military 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 Presidential Unit Emblem and the Bronze Star Medal (based on award of the Combat Infantryman Badge). 

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

BOARD VOTE:  

FNE____  TDK_____  WDB___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043951	
SUFFIX		
RECON		
DATE BOARDED	20001102	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19461124	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.	107.0014	
3.		
4.		
5.		
6.