PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               14 January 1999
	DOCKET NUMBER:       AC98-12722
				       AR1999014555

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		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 Silver Star and award of the Prisoner of War Medal.

3.  The applicant states that he was recommended for the Silver Star and should be awarded this decoration.  He also claims he was he was held prisoner by German soldiers for a short period of time on 17 March 1945.  In support of his application, he submits a 4 February 1995 letter from a noncommissioned officer who states that he wrote recommendations for the Silver Star for four soldiers (including the applicant) “who had served courageously in the Battle of the Bulge and the remainder of the war”.  The applicant also provided an attachment to his application explaining how he was captured by German soldiers and provided a reconstructed citation for award of the Silver Star for “extraordinary courage and bravery” on 5 January 1945.

4.  The applicant’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 he was inducted on 26 April 1944.  The applicant served as a light mortar crewman in the European-African-Middle Eastern Theater of Operations from 8 December 1944 to 26 February 1946.  He was honorably discharged on 15 March 1946.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which is authenticated in his own hand, does not show the Silver Star or the Prisoner of War Medal as authorized awards.  The Board notes he was awarded the Combat Infantryman Badge during World War II, but his discharge document does not show that he was awarded the Bronze Star Medal. A DA Form 1577 (Authorization for Issuance of Awards), dated 23 October 1985, shows the applicant was awarded the Army of Occupation Medal with Germany clasp, but this award is not shown on his WD AGO Form 53-55.

6.  There is no evidence in the limited records available to the Board which shows that the applicant was recommended for or awarded the Silver Star.  The fellow soldier, who claims that he wrote the applicant’s citation for the Silver Star, also stated that he gave this recommendation and three others to his company commander.  The fellow soldier also stated that he discovered at the unit reunion in July 1994 that the recommendations for awards “did not reach Headquarters”.

7.  There is no evidence in the records available to the Board that the applicant was a prisoner of war of Germany at any point during World War II.  The applicant’s name is not on the roster of World War II prisoners of war. 

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany, service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

12.  Army Regulation 600-8-22, in pertinent paragraph, establishes that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.

13.  The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was recommended for or awarded the Silver Star. 

2.  The Board noted the letter from the fellow soldier who claims to have written the recommendation for the Silver Star in question.  However, there is no evidence of record which shows that this recommendation was formally submitted, was lost (“did not reach Headquarters”) or was otherwise not acted upon.  In the absence of evidence of record which shows that a formal recommendation was submitted in a timely manner to the applicant’s chain of command and was not acted upon, there is no basis for award of the Silver Star in this case.  As a result, the Board has determined that, if the applicant believes he should have received an award for valor for his actions during World War II, then he may submit a request under the provisions of the National Defense Authorization Act for Fiscal Year 1996.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was a prisoner of war of Germany during World War II.  Therefore, the applicant is not entitled to the Prisoner of War Medal.

4.  Evidence of record shows the applicant was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this decoration.

5.  Evidence of record shows that the applicant was entitled to award of the Army of Occupation Medal with Germany Clasp; therefore, he is entitled to correction of his records to show this award.

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 the individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge and the Army of Occupation Medal with Germany clasp.

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

BOARD VOTE:  

RVO____  SLP_____  KAN____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12722/AR1999014555	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990114	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.