PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               22 September 1999              
	DOCKET NUMBER:      AR1998013562

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the European-African-Middle Eastern (EAME) Service Medal with four “battle stars” (correctly known as bronze service stars) for the campaigns listed in item 32 (Battles and Campaigns) and to show award of the Combat Infantryman Badge (CIB).

3.  The applicant states that his WD AGO Form 53-55 does not show the EAME Service Medal with four bronze service stars for his participation in the Ardennes, Central Europe, Northern France and Rhineland campaigns or award of the CIB. The applicant provides a copy of his WD AGO Form 53-55, NA Form 13017 (Reply to Medical Records/X-Ray Requests), dated 21 April 1993, a letter from State of New York Division of Military and Naval Affairs, dated 16 January 1997 and a letter of commendation, dated 30 November 1945.

4.  The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted in the Enlisted Reserve Center (ERC) on 23 September 1943.  He entered active duty on 14 October 1943 and completed basic infantry training. The applicant served in the European-African-Middle Eastern Theater of Operations from 11 August 1944 to 26 January 1946 and was honorably discharged from active duty on 11 February 1946.

5.  The applicant’s WD AGO Form 53-55 shows he received credit for participation in the Ardennes, Central Europe, Northern France and Rhineland campaigns in item 32.  His WD AGO Form 53-55 does not show the CIB as an authorized award.  The Board notes that the applicant is entitled to award of the Army Occupation Medal with Germany Clasp which is also not shown on his discharge document.

6.  Records available to the Board do not show that the applicant was awarded the CIB.  His records show that he was awarded an infantry military occupational specialty (MOS) and served in Company E, 376th Infantry Regiment while assigned in the European-African-Middle Eastern Theater of Operations.  

7.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, will show whether or not a World War II unit was authorized occupation credit, thus entitlement to the Army Occupation Medal.  This document shows the applicant’s unit, the 376th Infantry Regiment, received occupation credit for Germany for the period from 2 May to 14 August 1945.

8.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation, or in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The regulation also states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

9.  War Department Circular 269-1943 established the Combat Infantryman Badge and provide an incentive to infantrymen.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  

10.  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 did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1.  Evidence of record shows that the applicant received credit for participation in four campaigns while assigned in the European-African-Middle Eastern Theater of Operations; therefore, he is entitled to correction of his records to show four bronze service stars to be affixed to his European-African-Middle Eastern Service Medal.

2.  The applicant was awarded an infantry MOS and served in an infantry company in combat during World War II; therefore, he was eligible for award of the Combat Infantryman Badge.  In view of his service, the Board concluded that he was not awarded the Combat Infantryman Badge through administrative oversight and it would be an inequity if he were not awarded the Combat Infantryman Badge.  Therefore, the Board has determined that the applicant is entitled to award of the Combat Infantryman Badge and to correction of his records to show this award. 

3.  Based on award of the Combat Infantryman Badge as cited in paragraph 2, above, the applicant is also entitled to award of the Bronze Star Medal and correction of his records to show this award.

4.  The applicant’s unit received occupation credit for Germany for the period 2 May to 14 August 1945 while he was a member of 376th Infantry Regiment. Therefore, he is entitled to correction of his records to show the Army of Occupation Medal with Germany Clasp.

5.  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 European-African-Middle Eastern Service Medal with four bronze service stars, the Combat Infantryman Badge, the Bronze Star Medal (based on award of the CIB) and the Army Occupation Medal with Germany Clasp.

BOARD VOTE:  

MKP____  CLG_____  JPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1998013562	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990922	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.