PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 30 September 1999
	DOCKET NUMBER:         AR1998013182

	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:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Lester Echols		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 records to show award of the Silver Star.

3.  The applicant states that his award of the Silver Star is not listed on his discharge document.

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 28 October 1942. He served in the European-African-Middle Eastern Theater of Operations from 9 March 1944 to 23 October 1945 and was honorably discharged on 7 November 1945. 

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Silver Star as an authorized award.  However, a search of General Orders by the Awards Branch of the Total Army Personnel Command recovered 3d Infantry Division General Order Number 359, dated 28 September 1945, which awarded the applicant the Silver Star for gallantry in action on 26 March 1945.

6.  A review of the applicant’s WD AGO Form 53-55 reveals that he was awarded the Combat Infantryman Badge.  Item 33 (Awards and Decorations) of his discharge document shows also that he received the Bronze Star Medal; however, there is no indication that he received an award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

7.  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.  This provision of regulation did not become effective until 10 September 1947.

8.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

CONCLUSIONS:

1.  Orders show the applicant was awarded the Silver Star; therefore, he is entitled to correction of his records to show award of the Silver Star.
2.  The applicant received award of the Bronze Star Medal prior to his separation from active duty on 7 November 1945.  After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II.  Therefore, the applicant is entitled to two awards of the Bronze Star Medal (Bronze Star Medal with First Oak Leaf Cluster) and correction of his records to shows the Bronze Star Medal with First Oak Leaf Cluster.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Silver Star and the Bronze Star Medal with First Oak Leaf Cluster.

BOARD VOTE:  

EB______  LE_____  JPS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Elizabeth Buchanon____
		        CHAIRPERSON

INDEX

CASE ID	AR1998013182	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990930	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451107	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.