PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 October 2001        
	DOCKET NUMBER:   AR2001060029

	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:

	Ms. Shirley Powell 		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O’Shaughnessy		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 that the Army failed to establish eligibility for the Bronze Star Medal, award and issue the medal per Message Form, dated 11 July 1947, from the Office of the Commanding General.  In support of his application, he submits a certified copy of his Honorable Discharge and Enlisted Record; an order of commendation, dated 18 August 1943; and Message Form, dated 
11 July 1947, from the Office of the Commanding General.

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 
27 February 1939.  He served as a section chief during World War II and was wounded in action on 8 October 1943.  The applicant was honorably discharged on 2 January 1944 to accept commission as a second lieutenant in the Army of the United States.

5.  The applicant’s Enlisted Record does not show the Bronze Star Medal as an authorized award.

6.  The applicant provided a copy of an order of commendation, dated 18 August 1943, for excellent performance of duty in action on 25 July 1943 near Finale, Sicily.  The order of commendation states: “[The applicant], a member of the Battery Commander’s party, together with three men, under heavy enemy infantry fire and constant danger from snipers, managed to maintain radio and wire communication between the Battery Commander and a 610 radio set, even though one radio set was blown up, and no appreciable time was lost; therefore enabling a Battalion concentration to be laid on the enemy, warding off a counter-attack, and eventually taking the objective”.  The order of commendation was signed by the Commanding General of the 45th Infantry Division Artillery, a brigadier general.  

7.  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. 

8.  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 an order of commendation in recognition of excellent performance of duty on 25 July 1943 during military operations near Finale, Sicily.

2.  The Board considered the order of commendation provided in support of the applicant’s claim for award of the Bronze Star Medal.  

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he received orders or a certificate 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 the order of commendation awarded to him in recognition of excellent performance of duty on 25 July 1943.

4.  However, the Board found that the applicant’s actions on 25 July 1943 near Finale, Sicily, were sufficiently meritorious as to warrant award of the Army Commendation Medal.

5.  The Board noted the requirement for a major general to sign orders of commendation resulting in award of the Army Commendation Medal.  However, this Board determined, as an exception to regulation, that this award of the Army Commendation Medal would be made on the basis of the commendation signed by a brigadier general. 

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 Army Commendation Medal.

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

BOARD VOTE:  

SP_____  ALR_____  TEO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Shirley Powell________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060029	
SUFFIX		
RECON		
DATE BOARDED	20011023	
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.