PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            5 August 1999     
	DOCKET NUMBER:   AR1999018571

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		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 military records to show an unspecified medal.

3.  The applicant states, in effect, that he should be awarded a medal for being singularly positioned at a German roadblock to open fire on expected German tanks in April 1945.  He contends that during this particular battle, he had been separated from his regular company and joined up with his battalion commander’s group.  His battalion commander selected him to go to this forward roadblock position alone because he was “BAR” combat infantryman.  During the night, he had to avoid German patrols in order to continue to observe the roadblock for German tanks that might move up on the troops.  He contends that the battalion commander told him he had recommended the applicant for an award for this special assignment, however, someone else had mistakenly been awarded the medal.  The battalion commander also told the applicant that a freeze on decorations had been put into effect, that he would see what he could do and expressed his disappointment that this had happened.  The applicant claims that he never heard anything more about the medal after that.      

4.  The Veterans of Foreign Wars, as counsel for the applicant, supports the applicant’s contention and requests that the appropriate relief be granted.

5.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
13 January 1944.  He served as an automatic rifleman in the European-African-Middle Eastern (EAME) Theater of Operations from 22 January 1945 through 
7 May 1945 and was honorably discharged on 13 May 1946.

6.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows award of the World War II Victory Ribbon, the Good Conduct Medal, the EAME Theater Ribbon and two bronze service stars and the Army of Occupation Ribbon (Germany).

7.  Headquarters 353d Infantry General Orders Number 5, dated 29 April 1945, shows the applicant was awarded the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 (Military Awards) 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.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he be awarded a medal for being singularly positioned at a German roadblock in April 1945.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded any medal for this action. 

2.  Evidence of record shows the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his military records to show this award.   

3.  The applicant was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).

4.  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 that the individual concerned was awarded the Combat Infantryman Badge and the Bronze Star Medal (based on award of the Combat Infantryman Badge).

BOARD VOTE:  

MDM____  AAO____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mark D. Manning_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999018571	
SUFFIX		
RECON		
DATE BOARDED	19990805	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460513	
DISCHARGE AUTHORITY	AR 615-365.  	
DISCHARGE REASON	Convenience of Gov’t (Demobilization)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.