PROCEEDINGS

	IN THE CASE OF:)

	BOARD DATE:                16 December 1999
	DOCKET NUMBER:        AR1999034403

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Stanley Kelley		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, as the widow of a deceased former service member (FSM), requests that her husband be awarded the Bronze Star Medal based on award of the Combat Infantryman Badge and also the Bronze Star Medal with “V” Device.

3.  The applicant states that the FSM received the Combat Infantryman Badge on 9 November 1944 and should have been awarded the Bronze Star Medal.  She also states, in effect,  that he should also be awarded the Bronze Star Medal with “V” Device.  In support of the application, the following documents were submitted:  a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation/Honorable Discharge); seven statements of support, and an extract from Army Regulation 600-8-22 (Military Awards). 

4.  The FSM’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the FSM was inducted on 11 July 1941.  He served in the Asiatic-Pacific Theater of Operations from 24 December 1941 to 18 June 1945 and was honorably discharged on 27 July 1945.  

5.  The FSM’s WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge by 161st Infantry Regiment General Order Number 25, dated 9 November 1944.

6.  There are no orders in the available records which show the FSM was recommended for or awarded the Bronze Star Medal with “V” Device.  His discharge document, which is authenticated in his own hand, does not show the Bronze Star Medal with “V” Device as an authorized award.

7.  The FSM’s former platoon sergeant wrote in a 25 March 1998 statement that the FSM saved a soldier that day and that he “should be given an award for the valor and bravery he displayed at the time.”  Another statement, dated 23 March 1998, is provided by an a commissioned officer wherein he states the action involving the FSM occurred on 27 January 1945, that the FSM volunteered to recover a fellow soldier who had been left behind, that the FSM was wounded in the process and that the FSM was “to be awarded the Bronze Star.”  A fellow soldier at the time in question also wrote in an undated statement that the applicant “is very much entitled to be awarded the Bronze Star.”  A corporal in the applicant’s unit at the time in question wrote in a 21 March 1998 statement about the events at the “Battle of San Manuel” and stated that the applicant’s widow “sure deserves the bronze star for his act of courage.”  A radio operator at the time in question wrote in a 20 March 1998 statement that he was not an eyewitness but can attest that the statement by a captain [name deleted] is “correct and truthful.”  An undated statement from an unidentified author describes the events involving the applicant and states that the applicant was awarded the Purple Heart and the Bronze Star Medal with “V” for valor.  In a 14 March 1998 statement, a captain at the time in question, wrote that he was near the regimental aid station on or about 27 January 1945.  The former captain described the FSM’s wounds and recounted the statement by the FSM that the regiment was having an award ceremony but he did not want to leave his platoon to attend this ceremony.  The former captain also stated that, although the FSM was advised he was to be decorated, “he never received his Bronze Star.”

8.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, unit awards received by units serving during World War II.  This document shows the unit to which the applicant was assigned, the 161st Infantry Regiment, was awarded the Philippine Presidential Unit Citation by Department of the Army General Orders Number 47-50.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Army This regulation also provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

10.  Army Regulation 600-8-22 also 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.

CONCLUSIONS:

1.  The Board noted the statements by fellow soldiers who served with the FSM at the time in question.  There is no doubt that the FSM acted bravely by rescuing the fellow soldier; however, it was the responsibility of the chain of command to make a recommendation to the award approval authority (in this case the Commanding General of the 25th Infantry Division) for an appropriate award for the FSM’s actions.  Notwithstanding the fact that the FSM was told he was “to be awarded the Bronze Star”, there is no evidence of record that a formal recommendation for award was submitted and properly approved or that the FSM was awarded the Bronze Star Medal with "V" Device.  It is also noted that the FSM authenticated his discharge document at the time of his separation attesting to the fact that he was not authorized award of the Bronze Star Medal with “V” Device.  In the absence of any evidence which shows that the FSM was recommended for or awarded the Bronze Star Medal with “V” Device, there is no basis in this case upon which to award the Bronze Star Medal with “V” Device over 50 years after the event occurred.  

2.  The FSM was assigned to the 161st Infantry Regiment when it was cited for award of the Philippine Presidential Unit Citation; therefore, he is entitled to correction of his records to show this award.

3.  The applicant was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to correction of his records to show award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

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 FSM was awarded the Philippine Presidential Unit Citation and the Bronze Star Medal based on award of the Combat Infantryman Badge.

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

BOARD VOTE:  

FKM___  RVO_____  SK______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred K. McCoy_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999034403	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991216	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19450725	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	GRANTPLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.