PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 January 1999                   
	DOCKET NUMBER:   AC98-12067
                                              AR1999015226

	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. Juanita I. Williams		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, in effect, correction of his records to show he was awarded the first oak leaf cluster to the Bronze Star Medal (BSM), that he was wounded in action on 7 February 1945 vice 17 October 1945, and that he was authorized to wear the Ranger Tab.  

3.  The applicant states that he is now in his seventies and wants an accurate legacy to hand down to his children of his service in the Army during
World War II.  In support of his request for the first oak leaf cluster to the BSM, he submits a copy of Letter Orders dated 28 April 1953 issued by the Office of The Adjutant General awarding him the first oak leaf cluster to the BSM based upon the award of the Combat Infantryman Badge (CIB).  

4.  The applicant’s military records were badly damaged by the fire that occurred at the records center in 1973.  The salvaged records show that he was inducted on 16 March 1943.  He served as a squad leader and an ammunition supply technician.  He departed for the European Theater of Operations (ETO) on
14 October 1944 and served there until his return to the United States on 
4 January 1946.  On 11 January 1946 he was honorably discharged from the Army for the convenience of the Government (demobilization) in the rank of sergeant.

5.  The applicant’s separation document (WDAGO Form 53-55) shows his military occupational specialty and number as “Squad Leader-653.”  It shows he was wounded in action in Germany on 17 October 1945.  It also shows he was awarded two overseas service bars, the American Campaign Medal, the European-African-Middle Eastern Ribbon with three bronze battle stars, the Good conduct Medal, the Purple Heart, the Distinguished Unit Badge, the World War II Victory Medal and the BSM.

6.  The applicant’s Service Record shows he was also awarded the CIB by Special Orders Number 180, Headquarters, 310th Infantry Regiment, dated 
24 December 1944.  It also shows he was wounded in action on 7 January 1945 and that the orders awarding him the Purple Heart were dated 17 October 1945. 

7.  Subsequent to World War II, Army policy authorized the award of the BSM to each individual who had been cited in orders or awarded a Certificate for Exemplary Conduct in ground combat between 7 December 1941 and 
2 September 1945 or whose achievements or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the CIB  or the Combat Medical Badge is considered to be a citation in orders.  This, in effect, authorizes the BSM to individuals who were authorized either badge for service during  World War II.  
CONCLUSIONS:

1. The available records show that the applicant served on active duty as a squad leader and an ammunition supply technician and was awarded the CIB.  However, there is no evidence that he qualified for and was authorized to wear the Ranger Tab.    

2.  By the applicant’s recollection he was wounded in action on 7 February 1945. However, his Service Record shows he was actually wounded on 7 January 1945, and that the orders awarding him the Purple Heart were dated 17 October 1945, the date that erroneously appears on his separation document as the date he was wounded.  

3.  The applicant earned the BSM for meritorious service during World War II.  In accordance with Army policy developed subsequent to World War II, he is entitled to the first oak leaf cluster to the BSM, based upon his award of the CIB, as evidenced by letter orders of The Adjutant General.   

4.  The Board notes that the award of the CIB is not reflected on the applicant’s separation document but should be.  

5.  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, particularly the separation document of the individual concerned, be corrected:

a.  by showing that he was wounded in action on 7 January 1945; and 

b.  by showing that he was awarded the CIB and the first oak leaf cluster to the BSM.   

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

BOARD VOTE:  

___X_____  ___X_____  ___X_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12067	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990114	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.