PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 April 2001
	DOCKET NUMBER:  AR2001051599

	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. John H. Kern		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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 separation document be corrected to reflect the award of the Bronze Star Medal (BSM).

3.  The applicant states, in effect, that he believes he is entitled to the BSM as a result of his action against the German Army in the European Theater of Operations (ETO) in early 1945, while he was a member of the 3rd platoon of the Company B, 820th Tank Destroyer (TD) Battalion.  He indicates that he does not remember ever receiving the General Order (GO) awarding him the BSM but he does offer as evidence an extract of a unit history report in support of his application. 

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

5.  The evidence or record does include a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), which was issued to the applicant on  the date of his separation.  This document verifies that he was inducted into the Army of the United States (AUS) on 30 May 1942 and confirms that he served on active duty until being honorably discharged on 12 November 1945, in the rank of corporal (CPL).

6.  The WD AGO Form 53-55 also confirms that he participated in the Rhineland, Ardennes, and Central Europe campaigns of World War II, and that he was awarded the Good Conduct Medal, European-African-Middle Eastern Campaign Medal, American Theater Campaign Ribbon, and WW II Victory Medal.

7.  In support of his request, the applicant provided an extract of a unit history report titled “History of Company B,. 820th Tank Destroyer Battalion.”  This extract confirms that he served in the fourth section of the unit as a gunner and includes a “Roster of Awards” that lists his name with those members of the unit who were awarded the BSM.  

8.  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.

9.  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.  

CONCLUSIONS:

1.  Although the applicant’s records were not available for review by the Board and there is no GO on file that documents he was awarded the BSM, the Board finds the evidence contained in the unit history report extract is sufficiently convincing to warrant relief in this case. 

2.  Lacking evidence to the contrary, the Board concludes that the applicant’s claim of entitlement to the BSM is adequately supported by the evidence contained in the unit history extract roster of awards, which lists him as a BSM recipient.  

3.  Therefore, the Board concludes, in the interest of justice and equity, that it would be appropriate to correct the record to show that the applicant earned the BSM by distinguishing himself by meritorious achievement in connection with military operations against an armed enemy, in the ETO during World War II, from 15 October 1944 to 1 July 1945.  

4.  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 achievement in connection with military operations against an armed enemy, in the ETO during World War II, from 15 October 1944 to 1 July 1945, and by issuing him a corrected separation document that reflects this change.

BOARD VOTE:  

___mm__  ___jhk___  ___mvt__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___     John H. Kern      ___
		        CHAIRPERSON

INDEX

CASE ID	AR2001051599	
SUFFIX		
RECON		
DATE BOARDED	2001/04/17	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR 615-365 	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60	107.0014	
2.		
3.		
4.		
5.		
6.