PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            18 February 1999                  
	DOCKET NUMBER:   AC98-10292
				   AR1998013308

	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	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. John P. Infante		Member	
	Mr. James P. Steuve		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 correction of his military records to reflect award of the Silver Star.  He also asks that his separation document be corrected to reflect participation in the Naples-Foggia campaign during World War II and that the appropriate number of bronze service stars be added to his European-African-Middle Eastern Service Medal.  The applicant also notes that the date of his departure from Europe and arrival in the United States, reflected in item 36 (service outside continental U.S. and return), is incorrect.  He states that he departed Europe on 13 November 1945, not 24 August 1944, and arrived in the United States on 25 November 1945, not 4 September 1944.  Once those dates are correct he notes that the information contain in item 37 (total length of service) will also require correction.  In support of his request for award of the Silver Star he submits a unit history indicating his name on a list of individuals awarded the Silver Star.

3.  The applicant’s original service personnel records indicate he entered active duty on 19 February 1943 and departed the United States enroute to the overseas theater of operations on 18 June 1943 where he was assigned to Headquarters Company, 157th Infantry Regiment, 45th Infantry Division.

4.  As a result of his heroic actions on 17 January 1945 near Reipertswiller, France the applicant was awarded a Bronze Star Medal.  The 45th Infantry Division at Camp Bowie, Texas published orders confirming the award on 11 July 1945.

5.  The applicant remained overseas until 13 November 1945 when he departed Europe enroute to the United States.  He arrived at Hampton Roads, Virginia on 25 November 1945.  Orders awarding him a Bronze Star Medal for meritorious service during the period 10 July 1943 through 8 May 1945 were published on 
23 November 1945 by the 45th Infantry Division.

6.  On 29 November 1945 the applicant was released from active duty.  His WD AGO Form 53-55 reflects entitlement to one bronze service star and participation in 5 designed campaign periods.  Item 36 (service outside continental U.S. and return) indicates he departed Europe on 28 August 1944 and arrived in the United States on 4 September 1944.  His service records indicate that those dates were the dates he departed Italy enroute to France and the date he arrived in France, not the dates of his departure from Europe and arrival in the United States.

7.  As a result of the incorrect dates in item 36 the information contained in item 37 (total length of service) is incorrect.  His continental service was 4 months and 3 days while his overseas service was 2 years, 5 months, and 8 days and not the 
1 year, 6 months, and 24 days of continental service and 1 year, 2 months, and 
12 days of overseas service currently reflected in item 37.
8.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (Headquarters Company, 157th Infantry Regiment) was credited with participating in six designated campaign periods (Central Europe, Naples-Foggia, Rhineland, Rome-Arno, Sicily and Southern France) during the applicant’s period of assignment.  The unit was also awarded the French Croix de Guerre, and credited with an assault landing and granted occupation credit for Germany between during his tenure with the organization.

9.  Subsequent to the applicant’s separation from active duty, in 1946, the applicant’s father wrote a letter to the War Department inquiring about an award of the Silver Star for the applicant.  The father noted that the son had been recommended for the Silver Star in January 1945 but had only received a Bronze Star Medal although a unit history indicated he had received a Silver Star.  In response to the father’s inquiry the War Department responded that there was no record that the applicant had been awarded the Silver Star and outlined the procedures for the processing of award recommendations.

10.  Army Regulation 600-8-22 (awards and decorations) notes that service stars are worn on the European-African-Middle Eastern Campaign Medal to denote participation in designated campaign and that a single silver service star is worn in lieu of five bronze service star.  The regulation also authorizes the wear of a bronze replica of an Indian arrowhead to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Additionally, individuals assigned to a unit at the time it was granted occupation credit are authorized an Army of Occupation Medal with an appropriate clasp designating the country of occupation.  In the applicant’s case it would be a “Germany” clasp.

11.  Army Regulation 600-8-22 also provides 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.

CONCLUSIONS:

1.  While it is possible the applicant may have been recommended for an award of the Silver Star there is no evidence one was ever awarded.  The fact that he was awarded a Bronze Star Medal for his heroic actions on 17 January 1945, the same period for which he contends he was recommended for the Silver Star, tends to support a conclusion that if there had been a recommendation for award of the Silver Star that it was downgraded to a Bronze Star Medal.  The unit history submitted by the applicant in support of his request for award of the Silver Star is not an “official” government publication and is not supported by any evidence of record. 

2.  The evidence of record confirms the applicant did in fact depart Europe on 
13 November 1945 and arrived in the United States on 25 November 1945.  It is apparent that an error was made during the completion of his separation document and that the individual completing the document inadvertently utilized the dates the applicant departed Italy (28 August 1944) and arrived in France 
(4 September 1944) as the basis for the incorrect entries in item 36.  As a result of incorrect dates in item 36 the calculation of the applicant’s continental and foreign service in item 37 was also incorrect.  The record confirms the applicant served 4 months and 3 days of continental service while his foreign service was 2 years, 5 months, and 8 days and not the 1 year, 6 months, and 24 days of continental service and 1 year, 2 months, and 12 days of overseas service, currently reflected in item 37.

3.  Based on the applicant’s service with the 157th Infantry Regiment he is entitled to one silver service star and one bronze service star on his European-African-Middle Eastern Campaign Medal denoting participation in six designated campaign period, the Army of Occupation Medal with “Germany” clasp, a bronze arrowhead denoting participation in an assault landing and a French Croix de Guerre.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by showing in item 36 (service outside continental U.S. and return) of the WD AGO Form 53-55 that the individual concerned departed Europe on 13 November 1945 and arrived in the United States on 25 November 1945;

b.  by correcting item 37 (total length of service) of the WD AGO Form 53-55 to show that the individual served 4 months and 3 days of continental service while his foreign service was 2 years, 5 months, and 8 days; and

c.  by showing that he is entitled to one silver service star and one bronze service star on his European-African-Middle Eastern Campaign Medal denoting participation in six designated campaign period, the Army of Occupation Medal with “Germany” clasp, a bronze arrowhead denoting participation in an assault landing, and a French Croix de Guerre.

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

BOARD VOTE:  

__tnk___  __jpi___  ___jps_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-10292/AR1998013308	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990218	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2. 		
3.		
4.		
5.		
6.