PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           24 February 2000
	DOCKET NUMBER:  AR1999025078

	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.  

	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. James P. Huber		Member	
	Ms. Margaret V. Thompson		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 Item 30 on his WD AGO Form 
53-55 (Enlisted Report of Separation-Honorable Discharge) to show that his military occupational specialty (MOS) was Infantryman vice Truck Driver-Light which is currently shown.

3.  The applicant states, in effect, that during the time that he served in the military he 
only drove a truck 1 day.  He submits both his WD AGO Form 53-55 and his honorable discharge certificate issued to him on 31 December 1945 in support of his request.

4.  The applicant’s military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  The information herein consists of that which was extracted from his WD AGO Form 53-55 and information obtained from alternate sources.

5.  He was inducted into the Army of the United States on 5 December 1942.  He 
participated in military operations against hostile forces during World II from 
4 December 1943-21 July 1944.  He was honorably discharged on 
31 December 1945.

6.  The applicant’s WD AGO Form 53-55 shows that his branch was infantry, but that he served in MOS 345 (Truck Driver-Light).  

7.  His WD AGO Form 53-55 also shows that he was awarded the Good 
Conduct Medal and the Combat Infantry Badge (CIB).  He was credited with participation in one campaign in Europe, the Naples Foggia Campaign.

8.  His WD AGO Form 53-55 does not show the Bronze Star Medal (BSM), the 
American Campaign Medal, the European-African-Middle-Eastern (EAME) Campaign Medal with 1 bronze service star (BSS), nor does it show the World War II Victory Medal, as authorized awards.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal may be awarded for heroism or 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.

10.  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.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

11.  Army Regulation 600-8-22, provides, in pertinent part, that the European African Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945 for any service member in a passenger status or on temporary duty for 30 consecutive days or 60 consecutive days, and in active combat against the enemy and was awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  The Board concluded that, even though his branch was infantry, he has not provided any probative evidence that shows he did not serve as a light truck driver in an infantry unit. 

2.  The applicant is entitled to have his records corrected to show award of the BSM as 
a result of receiving the CIB for participating in military operations against hostile forces during the period 4 December 1943-21 July 1944.  He is also entitled to award of the American Campaign Medal, the EAME Campaign Medal with 1 BSS, and the World War II Victory Medal.

3.  The Board presumes regularity in the processing of the aforementioned awards.  Notwithstanding the absence of military orders authorizing the awards in question, the Board finds as an exception to policy, he is entitled to correction of his records to show the above awards.

4.  In view of the foregoing, the applicant’s records should be corrected, as an exception to policy, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected, as an exception to policy by issuing a DD Form 215 (Correction to DD Form 214) to show:

      a.  that the individual concerned was awarded the BSM;

b.	that he was awarded the American Campaign Medal;

c.	that he was awarded the EAME Campaign Medal with 1 BSS; and 

d.	that he was awarded the World War II Victory Medal. 

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

BOARD VOTE:

__CLA__  __JPB___  __MVT___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__CELIA L. ADOLPHI___
		        CHAIRPERSON

INDEX

CASE ID	AR1999025078	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED		
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451231	
DISCHARGE AUTHORITY	Expiration Term of Service	
DISCHARGE REASON	A92.03	
BOARD DECISION	(PARTIAL GRANT)	
REVIEW AUTHORITY	ASA	
ISSUES         1.	144.9203	
2.	100.0000	
3.		
4.		
5.		
6.