PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               9 December 1998               
	DOCKET NUMBER:      AC98-07665

	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. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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 Army Commendation Medal (ARCOM) with cluster or device and the Air Force Good Conduct Medal.

3.  The applicant states he left the war-theater and was not contacted about award of the ARCOM at a later date.  He also states that he did not receive award of the Air Force Good Conduct Medal.

4.  The applicant’s military records show that he was inducted in the Regular Army on 24 February 1941 and was separated on 21 August 1945.  He reenlisted on 24 December 1945 and was separated on 25 May 1947.  He served in the American Theater of Operations, the Asiatic-Pacific Theater of Operations and the Mediterranean Theater of Operations.  The applicant later served in the Air Force and was retired in July 1962.  

5.  The applicant’s personnel records contain two WD AGO Forms 53-55 (Enlisted Record and Report of Separation).  These discharge documents do not show the Army Commendation Medal with cluster or device or the Air Force Good Conduct Medal as authorized awards.  The Board notes the applicant is entitled to award of the Bronze Star Medal (BSM) based on award of the Combat Infantryman Badge, the American Theater Ribbon (currently known as the American Campaign Medal) and the Asiatic-Pacific Theater Ribbon with three bronze stars (currently known as the Asiatic-Pacific Campaign Medal) which are not shown on his discharge documents.

6.  There are no orders in the applicant’s records which show he was awarded the ARCOM.  There is no indication in his personnel records that he was recommended for this award.  The applicant submitted letters of commendation from the 158th Regimental Combat Team which commend the unit for meritorious service.  However, these letters do not cite him individually for meritorious service or achievement that would qualify for conversion to award of the ARCOM.

7.  The applicant’s request for the Air Force Good Conduct Medal should be forwarded for action by the Board for Correction of Air Force Records in accordance with the 11 October 1957 Memorandum of Agreement between the Air Force and the Army.  He served with the Air Force during September 1951 to July 1962; therefore, this request falls within the jurisdiction of the Air Force as indicated in the above cited agreement.  Therefore, the Air Force Good Conduct Medal is not discussed further in this proceeding.

8.  The applicant submitted an award certificate, dated 29 September 1960, for award of the BSM for meritorious achievement in ground operations against the enemy in the Pacific Theater of Operations on or about 23 May 1944.

9.  The applicant submitted a certificate signed by the Personnel Officer of the 158th Infantry Regiment which shows he is entitled to award of the American Campaign Medal and the Asiatic-Pacific Campaign Medal with three bronze service stars.

10.  Paragraph 1-23 of Army Regulation 600-8-22 (Military Awards) provides that awards of certain decorations as authorized in this regulation or later will be made on the basis of existing letters, citations, and/or orders.  The decorations which may be awarded under this provision are:  the Purple Heart and the Silver Star to qualifying service members who served during World War I; the Bronze Star Medal to individual members of the Armed Forces who were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945 or whose meritorious achievement was confirmed by documents executed prior to 1 July 1947; and the Army Commendation Medal to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation signed by an officer in the grade or position a major general or higher.  

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service between 7 December 1941 and 2 March 1946. 

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal.  It is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946. 

CONCLUSIONS:

1.  There is no evidence available to the Board which shows the applicant was recommended for or awarded the Army Commendation Medal with cluster or device.  Therefore, he is not entitled to correction of his records to show this award.
2.  Evidence of record shows the applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge; therefore, he is entitled to correction of his WD AGO Form 53-55 with a separation date of 21 August 1945 to show award of the Bronze Star Medal. 

3.  The applicant was awarded the American Campaign Medal and the Asiatic-Pacific Campaign Medal with three bronze stars; therefore, he is entitled to correction of his WD AGO Form 53-55 with a separation date of 21 August 1945 to show these awards.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Bronze Star Medal, the American Campaign Medal and the Asiatic-Pacific Campaign Medal with three bronze stars.

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

BOARD VOTE:  

JH_____  _FNE____  __TBR___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-07665	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981209	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	107.00	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.