PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           28 February 2001                  
	DOCKET NUMBER:   AR2001058080

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. John T. Meixell		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.

1.  The applicant requests, that he be awarded the Bronze Star Medal with “V” device.

2.  The applicant states that on 8 November 1945, he was recommended for award of the Bronze Star with “V” for actions in the Philippines.  The award was approved and forwarded, but he never received it because his unit was demobilized several days later.  

3.  In support of his request, he submits a copy of a recommendation for award of the Bronze Star Medal (BSM) prepared by his unit commander naming the applicant as the intended recipient.

4.  The applicant's military records show that he enlisted on 23 July 1942, and was honorably discharged on 23 May 1943, to accept a commission.  He served in the Asiatic-Pacific Theater of Operations with the 533rd Engineer Boat and Shore Regiment, from November 1943 to January 1946.  He was honorably relieved from active duty on 20 March 1946 in the grade of captain.

5.  His WD AGO Form 53-98 (Military Record and Report of Separation), shows the following awards: the American Campaign Medal, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal and the Philippine Liberation Ribbon with 2 bronze service stars.

6.  The documentation provided by the applicant shows that on 8 November 1945, the applicant, then a 1st lieutenant, was recommended by his commander for the BSM for distinguishing himself in operations with the 19th Infantry Regiment during the period 20 May 45 to 15 June 1945.  The recommendation makes no mention of a recommendation for valor.  Neither the recommendation nor his records contain any evidence to show the final disposition (approval, disapproval or downgrade) of the award recommended.

7.  Army Regulation 600-45, Decorations, the regulation then in effect, states in pertinent part, that during the period of military operations against the armed enemy and for 1 year thereafter, the following commanders are authorized to award the decorations indicated: The…BSM…may be awarded by the commanding general of any separate force outside the continental limits of the United States when the commander is a major general or officer of higher grade; and this authority may be delegated to subordinate commanders not below the grade of major general.

8.  The same regulation provides that the BSM may be awarded to recognize meritorious service or single acts of merit.  The letter “V” device is authorized to 

indicate that an award was for heroism (valor) rather than for meritorious achievement or meritorious service.  All orders awarding the BSM will specifically state whether the award was for heroism, meritorious achievement, or meritorious service.

9.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that during the time of the applicant’s assignment to the 533rd Engineer Boat and Shore Regiment, the unit was awarded the Philippine Presidential Unit Citation for the period 17 October 1944 to 4 July 1945, assault landing credit for the Lingayen Gulf, Philippines Islands, on 9 January 1945, and occupation credit for the occupation of Japan from 25 November to 5 December 1945.

CONCLUSIONS:

1.  The documentation furnished by the applicant shows that he was recommended for the BSM for the period 20 May 1945 to 15 June 1945.  Since the recommendation covers a period of time rather than a specific event or act, and does not indicate that it was for heroism (or with “V” device), the Board assumes that the award was intended for meritorious service.  Service awards typically cover a period of time, whereas meritorious achievement and heroism awards generally pertain to individual events or acts.

2.  While the award recommendation does not reflect the approval authority’s final action, and since the available records contain no evidence of the award, there is no way of knowing whether or not it was approved, downgraded or disapproved.  However, considering the accomplishments reflected in the recommendation and the time and place of their occurrence, the Board will presume that had the recommendation reached the proper authority, it probably would have been approved for meritorious service.  Therefore, the Board believes the applicant should be awarded the BSM for meritorious service.

3.  Additionally, based on his period of service with the 533rd Engineer Boat and Shore Regiment, he is entitled to the following additional awards:  assault landing credit (denoted by the addition of the arrowhead on his Asiatic-Pacific Campaign Medal), the Philippine Presidential Unit Citation and the Army of Occupation Medal with Japan clasp.

4.  In view of the foregoing, the applicant’s records should be corrected 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 BSM for meritorious service from 20 May to 15 June 1945, assault landing credit by adding the arrowhead to his Asiatic-Pacific Campaign Medal, the Philippine Presidential Unit Citation and the Army of Occupation Medal with Japan clasp. 

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

BOARD VOTE:

__jth___  ____cla       _jtm       __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Raymond V. O'Connor_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001058080	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020228	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.