PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                26 April 2000
	DOCKET NUMBER:        AR1999028861

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Curtis L. Greenway		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) with a separation date of 28 September 1945
to show that he was awarded the Silver Star.

3.  The applicant states that he is entitled to the Silver Star for action in combat during World War II while serving in Germany with Company A, 50th Armored Infantry Battalion.  In support of his application, he submits copies of his WD AGO Form 53-55 with separation dates of 28 September 1945 and 28 April 1946 and a copy of his WD AGO Form 53 with a separation date of 3 November 1947.

4.  The applicant’s military records were destroyed 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 7 June 1941 as an assistant squadron leader (745).  He served in the European-African-Middle Eastern Theater of Operations from 13 August 1943 to 8 September 1945 and was 
honorably discharged on 28 September 1945 in order to reenlist.  He reenlisted on 28 September 1945 and continued to serve until he was honorably discharged on 28 April 1946.  He reenlisted on 29 April 1946 as a mess sergeant (824).  He
served in the Mediterranean Theater of Operations and was honorably discharged on 3 November 1947.

5.  The applicant’s WD AGO Form 53-55 with a separation date of 28 September 1945 shows that he was awarded the Good Conduct Medal, the American Defense Service Medal, the Purple Heart, the European-African-Middle Easter Theater Service Medal with four bronze service stars and the Combat Infantryman Badge (CIB).

6.  The applicant’s WD AGO Form 53-55 with a separation date of 28 September 1945 does not show the Silver Star as an authorized award.

7.  There is no evidence in the available records, which shows that he was recommended for or awarded the Silver Star.  His records do not show that he was recognized for gallantry in action against an armed enemy, which would have resulted in the award of the Silver Star.

8.  The applicant’s WD AGO Form 53 with a separation date of 3 November 1947 shows that he was awarded the World War II Victory Medal.

9.  The Board noted the applicant’s discharge document with a separation dated
of 28 September 1945 shows he was awarded the CIB.  There is no evidence the applicant was awarded the Bronze Star Medal based on award of the CIB.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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.

CONCLUSIONS:

1.  There is no evidence or record, and the applicant has not provided any
evidence, which shows that he was recommended for or awarded the Silver Star for action in combat during World War II while serving in Germany with Company A, 50th Armored Infantry Battalion.  Therefore, he is not entitled to the Silver Star.

2.  Evidence of record shows the applicant is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge; however, this award was not shown on WD AGO Form 53-55 with a separation date of 28 September 1945.
Therefore, he is entitled to correction of his records to show the Bronze Star Medal based on award of the Combat Infantryman Badge, with a separation date of 28 September 1945.

3.  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 in item 33 (Decorations and Awards) of his WD AGO Form 53-55 with a separation date of 28 September 1945 that the individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

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

BOARD VOTE:  

SK______  KAK____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____STANLEY KELLEY________
		        CHAIRPERSON

INDEX

CASE ID	AR199908861	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000426	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19471103	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  60		
2.   53		
3.  		
4.		
5.		
6.