MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 October 2002     
	DOCKET NUMBER:   AR2002074211

	I certify that hereinafter is recorded the record of consideration 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. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a second award of the Bronze Star Medal (correctly known as the Bronze Star Medal with First Oak Leaf Cluster).

APPLICANT STATES:  In effect, that on 21 January 2000, he was issued a DA Form 1577 (Authorization for Issuance of Awards) from the National Personnel Records Center in St. Louis, Missouri, which shows entitlement to the Bronze Star Medal with First Oak Leaf Cluster.  He states that he knew he had been recommended for the second award of the Bronze Star Medal but he never received official notification that it had been awarded.  He also states that he assumes his file must show the award since it was entered on the DA Form 1577.  In support of his application, he submits an undated letter; a DD Form 214; a DA Form 1577; a Standard Form 180 (Request Pertaining to Military Records), dated 16 May 2002; a letter, dated 7 May 2002, from the Review Boards Agency; a letter, dated 10 June 2001; a letter, dated 24 September 2001; a letter, dated 4 March 2002; and a letter, dated 16 May 2002.  

EVIDENCE OF RECORD:  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 17 May 1944.  He served as a rifleman in the European Theater of Operations from 10 November 1944 through 6 February 1945 and was honorably discharged on 25 August 1945.  The applicant received the Combat Infantryman Badge.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Bronze Star Medal as an authorized award.

There is no evidence in the available records which shows the applicant was recommended for or awarded the Bronze Star Medal. 

A DD Form 215 (Correction to DD Form 214) was issued on 8 November 1993 amending the applicant’s WD AGO Form 53-55 to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).  

A DD Form 214 (Certificate of Release or Discharge from Active Duty) was administratively reissued to the applicant on 20 November 1998.  This discharge document shows one award of the Bronze Star Medal as an authorized award.

The applicant provided a DA Form 1577 (Authorization for Issuance of Awards), dated 21 January 2000, which shows the National Personnel Records Center in St. Louis, Missouri, determined that the applicant was eligible for award of the Bronze Star Medal with First Oak Leaf Cluster.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s discharge document shows that he received the Combat Infantryman Badge during World War II.  

2.  A DD Form 215 was issued on 8 November 1993 amending the applicant’s military records to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).

3.  Notwithstanding the DA Form 1577 which shows entitlement to two awards of the Bronze Star Medal, there is no evidence of record available to the Board which shows the applicant was recommended for or awarded a second award of the Bronze Star Medal.  Therefore, the Board determined that the DA Form 1577 is insufficient by itself as a basis for a second award of the Bronze Star Medal in this case.   

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JLP_____  MHM____  JEA____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002074211	
SUFFIX		
RECON		
DATE BOARDED	20021008	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.