BOARD DATE: 6 March 2020 DOCKET NUMBER: AR20190007743 APPLICANT REQUESTS: on behalf of his father, a former service member (FSM), award of the Bronze Star Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 28 March 2019 * memorandum, Battery C, 573rd Anti-Aircraft Artillery Automatic Weapons Battalion (Self Propelled), dated 24 May 1945, subject: Recommendation for the Award of the Bronze Star Medal * 3rd Indorsement, Headquarters, 573rd Anti-Aircraft Artillery Automatic Weapons Battalion (Self Propelled), dated 13 August 1945, (no subject) * War Department Adjutant General's Office (WD AGO) Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) * Honorable Discharge Certificate, dated 10 December 1945 * Division of Vital Statistics, Commonwealth of Certificate of Birth, dated * of, Record of Death * letter, Army Review Boards Agency, dated 18 July 2019 * self-authored letter, dated 29 July 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he found a recommendation which was among the FSM's papers in the attic from the Commanding Officer, 573rd Anti-Aircraft Artillery Automatic Weapons Battalion (Self Propelled), recommending him for award of the Bronze Star Medal. 3. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. These records consist of files provided from a partial reconstructed record by the National Archives and Records Administration and the applicant. 4. The applicant's records contain sufficient evidence to support additional awards not shown on his WD AGO Form 53-55 for the period ending 10 December 1945. His WD AGO Form 53-55 for the period ending 10 December 1945 will be administratively corrected to show award of the European-African-Middle Eastern Campaign Medal with two bronze service stars. This award will not be discussed further in these Record of Proceedings. 5. The Board will consider the applicant's request for the award of the Bronze Star Medal. 6. On 12 March 1942, the FSM was inducted into the Army of the United States. 7. The applicant provided copies of the following: a. a memorandum from the Commanding Officer, Battery C, 573rd Anti-Aircraft Artillery Automatic Weapons Battalion (Self Propelled), dated 24 May 1945, wherein he recommended the FSM for award of the Bronze Star Medal. He stated: "[FSM] while serving with the AUS [Army of the United States] distinguished himself by meritorious service in connection with military operations not involving participation in aerial flight against an enemy on the United States from 11 March 1945 to 8 May 1945. [FSM] by long extra hours of work maintained his guns, turret, and ammunition in instant readiness. Because of his efforts the half track was always in a superior condition. His leadership always influenced others to do a superior job. During the period of 25 March 1945 to 29 March 1945, at Lank Latum, Germany, [FSM] permed his duties outstandingly well while under enemy artillery fire and without regard for his personal safety." b. a 3rd Indorsement, from the Commanding Officer, Headquarters, 573rd Anti-Aircraft Artillery Automatic Weapons Battalion (Self Propelled), dated 2 August 1945, wherein he stated: "The highest award possible for the Battalion Commander to bestow, the ETO [European Theater of Operations] Certificate of Merit, is awarded to the individual concerned as a recognition of his sterling service as a member of this command. Certificate of Merit will be awarded at an appropriate Battery ceremony." 8. The FSM was honorably discharged on 10 December 1945. His WD AGO Form 53-55 for the period ending 10 December 1945 shows in: b. item 32 (Battles and Campaigns): * Rhineland * Central Europe c. item 33 (Decorations and Citations): * European-African-Middle Eastern Campaign Medal * American Campaign Medal * Army Good Conduct Medal * World War II Victory Medal 9. On 12 July 1946, the FSM reenlisted in the Regular Army. 10. The FSM's WD AGO Form 24A shows in item 21 (Medals, Decorations, and Citations) – he was awarded or authorized: * World War II Victory Medal * Army of Occupation Medal-Japan 11. On 6 November 1947, the FSM was honorably discharged. His WD AGO Form 53- 55 for the period ending 6 November 1947 shows in item 33 (Decorations and Citations) – he was awarded or authorized the: * World War II Victory Medal * Army of Occupation Medal-Japan 12. The applicant provided copies of: a. Commonwealth of, copy of Record of Death, recorded on, showing the FSM died b. The Commonwealth of Division of Vital Statistics, Standard Certificate of Birth, dated, the applicant is the son of the FSM. 13. The FSM's available records are void of orders awarding him the Bronze Star Medal. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the Former Service Member’s (FSM) record of service, the belief that his records were lost or burned in the fire at the Personnel Records Center, the recommendation for a BSM, the award of an ETO Certificate of Merit and the awards shown on his WD AGO Form 53- 55 at his separation. The Board found no additional evidence to support an award of the requested BSM. Based on a preponderance of evidence, the Board determined that the absence of a BSM in the FSM’s records was not in error or unjust. The Board concurs with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, except for the correction stated in the Administrative Note(s) that follow, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he is authorized two bronze service stars which are not listed on his WD AGO Form 53-55 for the period ending 10 December 1945 for his previously-issued European-African-Middle Eastern Campaign Medal. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. (1) Awards may be made for acts of heroism, which are of lesser degree than required for the award of the Silver Star. (2) When the Bronze Star Medal is awarded for heroism, a bronze letter "V" (for valor) is worn on the suspension and service ribbon of that medal. (3) The Bronze Star Medal may be awarded for meritorious achievement or meritorious service to recognize single acts of merit or meritorious service. (4) Award may be made to each service member of the Army, 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 1947. b. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals. c. Only decorations, medals, and ribbons are listed. Certificates of achievement, Certificates of Merit, letters of appreciation, and similar documents are not listed on the separation document (DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge/Certificate of Release or Discharge from Active Duty) or WD AGO 53-55). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190007743 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1