PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 August 2001     
	DOCKET NUMBER:   AR2001058530

	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. Walter T. Morrison		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Joe R. Schroeder		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 award of the Bronze Star Medal.

3.  The applicant states, in effect, that he is entitled to award of the Bronze Star Medal based on a Certificate of Merit for meritorious and outstanding performance of military duty during World War II.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a copy of a Certificate of Merit; and a copy of another soldier’s Letter Orders for award of the Bronze Star Medal.  

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 was inducted on 
29 June 1944.  He served as a platoon sergeant in the European Theater of Operations from 8 January 1945 through 22 May 1946 and was honorably discharged on 6 June 1946.

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Bronze Star Medal as an authorized award.

6.  The applicant provided a copy of his Certificate of Merit awarded in recognition of conspicuously meritorious and outstanding performance of military duty during the period 15 January 1945 to 30 April 1945.

7.  The available records show the applicant provided a written request to the Office of the Secretary of Defense in 1989 for award of the Bronze Star Medal based on his Certificate of Merit.  On 11 April 1989, the applicant was notified by letter that the Certificate of Merit entitled him to award of the Army Commendation Medal.  DA Form 1577 (Authorization for Issuance of Awards), dated 11 April 1989, shows the applicant was awarded the Army Commendation Medal.  This award is not shown on his discharge document. 

8.  Records also show the applicant provided a written request to the Secretary of the Army in 1991 for award of the Bronze Star Medal based on his Certificate of Merit.  On 10 June 1991, the applicant was again notified by letter that the Certificate of Merit entitled him to the Army Commendation Medal. 

9.  In support of his claim for award of the Bronze Star Medal, the applicant provided a copy of another soldier’s Letter Orders, dated 5 February 1948, wherein this soldier was awarded the Bronze Star Medal, based on a Certificate of Merit, for exemplary conduct in ground combat against the armed enemy during the period 15 January 1945 to 30 April 1945 in the European Theater of Operations.  

10.  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.  The regulation also states, in pertinent part, that a Bronze Star Medal may be awarded to a member of the Armed Forces of the United States who, after 6 December 1941, has been 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 has been otherwise confirmed by documents executed prior to 1 July 1947. 

11.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  The regulation also states, in pertinent part, that an Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from letter of appreciation, signed by an officer in the grade or position of a major general or higher. 

CONCLUSIONS:

1.  Evidence of record shows the applicant received a Certificate of Merit awarded in recognition of conspicuously meritorious and outstanding performance of military duty during the period 15 January 1945 to 30 April 1945.   
2.  Evidence of record also shows that the applicant was awarded the Army Commendation Medal based on this Certificate of Merit on 11 April 1989.  Therefore, the applicant is entitled to correction of his discharge document to show this award.

3.  The Board considered the Letter Orders provided in support of the applicant’s claim for award of the Bronze Star Medal.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the applicant received a Certificate of Merit for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 
2 September 1945.  Therefore, in accordance with the governing regulation, the applicant is not entitled to award of the Bronze Star Medal based on his Certificate of Merit awarded in recognition of conspicuously meritorious and outstanding performance of military duty during the period 15 January 1945 to 
30 April 1945.  

4.  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 the individual concerned was awarded the Army Commendation Medal.

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

BOARD VOTE:  

WTM___  REB___  JRS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Walter T. Morrison_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058530	
SUFFIX		
RECON		
DATE BOARDED	20010814	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0020	
3.		
4.		
5.		
6.