PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                16 June 1999
	DOCKET NUMBER:       AR1998013643

	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:

	Mr. James M. Alward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 credit for the Northern France and Rhineland Campaigns and award of the Expert Infantryman Badge and the Bronze Star.

3.  The applicant states that these entries were never included on his original discharge.

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 that he enlisted on 12 February 1943 and entered active duty on 19 June 1943.  He served in the European Theater of Operations from 7 September 1944 to 13 March 1946.  The applicant was honorably discharged on 30 March 1946.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows the entry “NONE” in item 32 (Battles and Campaigns).  His discharge document does not show the Expert Infantryman Badge or the Bronze Star Medal as authorized awards.

6.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, campaign credit during World War II.  This document shows the unit to which the applicant was assigned, the 104th Infantry Regiment of the 26th Infantry Division, received campaign credit for the Northern France Campaign (25 July 1944-14 September 1944), the Ardennes-Alsace Campaign (16 December 1944-25 January 1945) the Rhineland Campaign (15 September 1944-21 March 1945), and the Central Europe Campaign (22 March 1945-11May 1945).  

7.  The applicant provided a copy of 26th Infantry Division General Orders Number 4, dated 14 June 1944, which show that the applicant was awarded the  Expert Infantryman Badge. 

8.  The applicant WD AGO Form 53-55 shows in item 31 (military Qualification and Date) that he was awarded the Combat Infantryman Badge in 1944.  The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 2 May 1978, which shows the applicant was entitled to and issued the Bronze Star Medal based on award of the Combat Infantryman Badge.

9.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  There is no indication of indiscipline in his records or lost time on his discharge document.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, credit for occupation duty during World War II.  This document shows the 104th Infantry Regiment received occupation credit in Germany from 2 May 1945 to 29 September 1945.

11.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy. 

12.  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.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.  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 of Occupation Medal.

14.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.
CONCLUSIONS:

1.  Based on the applicant’s service in the European Theater of Operations and campaign credit received by his unit, the applicant is entitled to correction of item 32 of his WD AGO Form 53-55 to show credit for the Northern France Campaign, the Ardennes-Alsace Campaign, the Rhineland Campaign, and the Central Europe Campaign. 

2.  Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or in item 32 of the WD AGO Form 53-55 and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  Therefore, the applicant is entitled to correction of his records to show the European-African-Middle Eastern Campaign Medal with four bronze service stars.

3.  Orders show the applicant was awarded the Expert Infantryman Badge; therefore, he is entitled to correction of his records to show award of this badge.

4.  Evidence of record shows the applicant’s was awarded the Combat Infantryman Badge during World War II and received the Bronze Star Medal based on award of the Combat Infantryman Badge.  However, the Bronze Star Medal is not shown on his discharge document; therefore, he is entitled to correction of his records to show award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

5.  In view of the applicant’s good service from 19 June 1943 through 30 March 1946, it would be an injustice for him not to receive the first award of the Good Conduct Medal.  As a result, the Board, as an exception to regulation, has determined that the applicant is entitled to the first award of the Good Conduct Medal for the period from 19 June 1943 through 30 March 1946 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant is entitled to correction of his records to show award of the Good Conduct Medal.

6.  Evidence of record shows the applicant was assigned to a unit at the time it was awarded occupation credit for service in Germany.  Therefore, he is entitled to the Army of Occupation Medal with Germany Clasp and correction of his records to show this award. 

7.  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:

a.  by showing the individual concerned served in the the Northern France Campaign, the Ardennes-Alsace Campaign, the Rhineland Campaign, and the Central Europe Campaign. 

by showing he was awarded four bronze service stars to be worn on his European-African-Middle Eastern Campaign Medal;

b.  by showing he was awarded the Expert Infantryman Badge;

c.  by correcting his records to show award of the Bronze Star Medal based on award of the Combat Infantryman Badge;

d.  by awarding him the first award of the Good Conduct Medal for the period 19 June 1943 through 30 march 1946 and correcting his records to show this award; and 

e.  by awarding him the Army of Occupation Medal with Germany Clasp and correcting his records to show this award.

BOARD VOTE:  

JMA____  MHM____  ALR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James M. Alward_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999013643	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990616	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460330	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.