PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           25 July 2000
	DOCKET NUMBER:   AR2000035088

	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. Carl W. S. Chun
Mr. David H Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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 award of the Bronze Star Medal (BSM).

3.  The applicant states that he served in combat, was wounded in November 1944 near Metz, France, and was medically retired in October 1945.  He was awarded the Combat Infantryman Badge (CIB), the Purple Heart and the European-African-Middle Eastern (EAME) Campaign Medal.  He submits a copy of a news article that states that awards such as the CIB are considered a citation in orders for the BSM, along with two documents, which show he was in combat and awarded the Purple Heart and the EAME Medal.  Although these documents do not show award of the CIB, he claims there should be other documentation of the CIB in his records at the National Personnel Records Center.

4.  The applicant’s military records show that he enlisted on 20 October 1939 and was trained as an infantryman.  On 13 February 1943, he completed Officer Candidate School and was appointed a commissioned officer in the rank of second lieutenant, Infantry.  He served in the European Theater of Operations (ETO) from 17 August 1944 to 9 January 1945 as an infantry unit commander with the 379th Infantry Regiment, 95th Infantry Division.

5.  Medical records show that the applicant was wounded by a gunshot to the head as a result of hostile action near Metz, France, on 15 November 1944 and was medically evacuated to the United States for treatment.

6.  The applicant was medically retired on 8 October 1945 at Camp Atterbury, Indiana.  His WD AGO Form 53-98 (Military Record and Report of Separation) shows he was awarded the Purple Heart and the EAME Campaign Medal with one bronze service star.

7.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  It provides, in pertinent part, that there are basically three requirements for the award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat against a hostile force, and; he must actively participate in such ground combat.

8.  The foregoing regulation also provides that the BSM may be awarded for heroism or for meritorious achievement or service in military operations against an armed enemy.  The BSM is authorized for each individual who was cited in orders or was 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 CIB is considered to be a citation in orders.  This means, in effect, that the BSM is to be awarded to individuals who were authorized a CIB for service during World War II.  Award of the BSM under these circumstances is commonly referred to as a conversion award.

9.  Army Regulation 600-8-22 also provides for the following awards pertinent to the applicant’s service during World War II:

a.  The regulation states, in pertinent part, that the Army Good Conduct Medal (AGCM) is awarded to enlisted soldiers (for first award only) for any year served entirely during the period 7 December 1941 to 2 March 1946.

b.  The American Defense Service Medal (ADSM) was established by Executive Order 8808 and announced in War Department Bulletin 17, 1941.  It is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

c.  The World War II Victory Medal was established by an act of Congress on 6 July 1945.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

d.  The American Campaign Medal was established by Executive Order 9265 and announced in War Department Bulletin 56, 1942, as amended by Executive Order 9706, 15 March 1947.  It is awarded for service of at least 1 year within the American Theater between 7 December 1941 and 2 March 1946.

e.  A bronze service star, based on qualifying service, is awarded for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  The applicant served in the ETO with his unit during the period when the unit was credited with participation in two campaigns, Northern France and Rhineland.

CONCLUSIONS:

1.  The evidence of record confirms that the applicant met the requirements for the award of the CIB during World War II.  He is therefore entitled to award of the BSM as a conversion award.

2.  The applicant also is entitled to award of the AGCM for his enlisted service between 20 October 1939 and 12 February 1943.  He is entitled to award of the ADSM for his 12 months of service between the period 8 September 1939 and 7 December 1941.  He is entitled to the American Campaign Medal for his service within the American Theater from 7 December 1941 to 17 August 1944 when he served in the ETO.  Finally, he is entitled to the World War II Victory Medal.

3.  The 379th Infantry Regiment, 95th Infantry Division was credited with two bronze service stars for participation in the Northern France and Rhineland campaigns during the applicant’s tenure with the unit; he is entitled to a second bronze service star on his EAME Campaign Medal.

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 awarding the individual concerned the Combat Infantryman Badge, the Bronze Star Medal, the Army Good Conduct Medal, the American Defense Service Medal, the American Campaign Medal, the World War II Victory Medal, and 2 bronze service stars on his European-African-Middle Eastern Campaign Medal.

BOARD VOTE:  

__tsk___  __sk____  __jhk____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ted S. Kanamine___
		        CHAIRPERSON

INDEX

CASE ID	AR2000035088	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.