PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 August 2000                   
	DOCKET NUMBER:   AR2000035905

	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		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Calvin M. Fowler		Member	
	Mr. Edwin S. Castle		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, that his discharge document be corrected to show three periods of foreign service during World War II and Vietnam.  He also requests award of three battle stars (correctly known as three bronze service stars) to be affixed to his European-African-Middle Eastern Theater Campaign Medal and correction of the spelling of his last name.     

3.  The applicant states, in effect, that he served during World War II and served two tours in Vietnam.  He also contends that he should have been credited with three battle stars during World War II and that his last name is misspelled.  In support of his application, he submits a copy of a WD AGO Form 53-55 (Enlisted Record and Report of Separation) and four copies of DD Forms 214 (Report of Transfer or Discharge).    

4.  The applicant’s request to correct the spelling of his last name is unclear.  The name correction requested is the same name shown on all of his discharge documents; however, it is not the same name provided on his application or birth certificate.  Therefore, this issue has been addressed to the applicant by separate correspondence and is not discussed further in this proceedings. 

5.  The applicant’s military records show that he was inducted on 9 June 1944.  He served as a rifleman in the European Theater of Operations from 
26 November 1944 through 9 August 1945 and was honorably discharged on 
13 April 1946.  He reenlisted on 4 December 1948 for a period of 3 years.  He remained on active duty through continuous reenlistments until he retired on
31 May 1967 in the rank of staff sergeant.  

6.  The applicant’s WD AGO Form 53-55 shows that he left the United States on 13 November 1944 for the European Theater of Operations and arrived back in the United States on 19 August 1945, a total of 9 months and 7 days.  Item 
37 (Total Length of Service/Foreign Service) on his WD AGO Form 53-55 shows that he served 9 months and 7 days of foreign service.   

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 21 November 1961 through 13 November 1962.  Item 24c (Foreign and/or Sea Service) on his DD Form 214 with an effective date of 26 May 1963 shows that he served 11 months and 25 days of foreign service.

8.  The applicant’s DA Form 20 also shows that he served his second tour in Vietnam from 15 November 1964 through 30 December 1965.  Item 22c (Foreign and or Sea Service) on his DD Form 214 with an effective date of 31 May 1967 shows that he served 1 year and 1 month of foreign service in Vietnam.

9.  The applicant’s WD AGO Form 24 (Service Record) shows that he was awarded two bronze service stars for the Rhineland and Central Europe Campaigns.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows “Rhineland” and “Central Europe”.

10.  The applicant was awarded the Combat Infantryman Badge during World War II.    

11.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 24c or 22c.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

12.  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.  Evidence of record shows that the applicant’s three periods of foreign service are properly reflected on the appropriate discharge documents.  Therefore, there is no basis for correction of his foreign service.   

2.  Evidence of record shows that the applicant participated in two campaigns during World War II and was awarded two bronze service stars for this service.  Therefore, he is not entitled to correction of his military records to show three bronze service stars on his European-African-Middle Eastern Theater Campaign Medal. 

3.  The applicant was awarded the Combat Infantryman Badge during World War II.  Therefore, he is entitled to correction of his military records to show the Bronze Star Medal (based on award of the Combat Infantryman Badge).

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 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:  

JNS____  CMF____  ESC_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone__________
		        CHAIRPERSON

INDEX

CASE ID	AR2000035905	
SUFFIX		
RECON		
DATE BOARDED	20000803	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19670531	
DISCHARGE AUTHORITY	10 USC 3914  	
DISCHARGE REASON	Retirement after 20 but less than 30 years active federal service 	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0000	
3.		
4.		
5.		
6.