PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 September l999                  
	DOCKET NUMBER:   AR1999015760

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Kenneth L. Wright		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, in effect, a military award for bravery during World War II. 

3.  The applicant states, in essence, that he saved his company (a medical clearing company) from attack by German forces by capturing a German soldier on an unspecified date in Germany.  He claims that the German soldier was signaling his unit as to the position of the applicant’s unit.  He never received an award for this action, but his fellow soldiers at a reunion in l995 told him that he should have received a medal.  He submits a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) issued to him on 3l October l945.  He also submits statements from three fellow members of his unit who attest to the applicant’s actions.  

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from partially reconstructed personnel records.

5.  He was inducted on l7 May l943 and reported for active duty on 23 May l943.  He was trained as a medical technician and arrived in the European Theater of Operation (ETO) on 12 November l944.  He was assigned to a medical clearing company.  

6.  He returned to the United States in July l945 and was honorably discharged on 31 October l945.  He was credited with 1 year, 8 months and 6 days active service and had 9 months and 2 days overseas service.  The highest rank he attained was private first class.  He had not been wounded.

7.  At the time of his separation, his WD AGO Form 53-55, showed that he had participated in three campaigns in the ETO (Rhineland, Ardennes and Central Europe).  His awards and decorations were shown as the European-African-Middle Eastern (EAME) Service Medal and the Good Conduct Medal.  The “Lapel Button” was shown as being issued.  

8.  On 30 October l997, in connection with submission of the same letter as he sent to this Board requesting an award for bravery, the Army Reserve Personnel Center issued a DA Form 1577 (Authorization for Issuance of Awards).  On this form it was shown that he was entitled to award of the Good Conduct Medal, the American Campaign Medal, the EAME Campaign Medal, with three bronze service stars (denoting participation in 3 campaigns in the ETO), the World War II (WWII) Victory Medal, the Army of Occupation Medal (with Germany Clasp), and the Honorable Service Lapel Button, WWII.  The notation was made that available records did not indicate that he was entitled to any other awards.  

9.  Army Regulation 600-8-22 requires formal recommendations, approval through the chain of command, and announcement in orders for all personal decorations. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations or reconsideration.  Specifically, regulation provides that, if there is evidence that a recommendation was made and supported by evidence and no award was made because the recommendation was lost or through inadvertence not acted upon, the Secretary of the Army may award any appropriate military decoration.

CONCLUSIONS:

1.  The applicant’s records show that he served honorably during World War II and was entitled to several service awards.  Some of these awards, however, were not entered onto his official separation document, the WD-AGO 53-55.  The DD Form 2l5 (Correction to DD Form 2l4 (Certificate of Release or Discharge from Active Duty) is now used to show such corrections to the WD AGO 53-55.

2.  Therefore, the applicant’s WD-AGO 53-55 should be corrected to show the additional award of the American Defense Service Medal, three bronze service stars to the EAME Campaign Medal, the WWII Victory Medal and the Army of Occupation Medal ( with Germany Clasp).

3.  However, in the absence of any record that he was ever recommended for an award for bravery (or heroism) by his unit commander in Germany, or within 
2 years of the event, there has been no basis established for award of an additional medal for bravery as he requests.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing a DD Form 2l5 to the individual concerned to show that his WD-AGO Form 53-55, issued to him on 3l October l945, is corrected to add the award of the American Defense Service Medal, three bronze service stars to the EAME Campaign Medal , the WWII Victory Medal 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:  

__SK___  __KLW___  __A_     _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999015760	
SUFFIX		
RECON		
DATE BOARDED	19990901	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.