PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                13 July 2000
	DOCKET NUMBER:       AR2000037346

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the Distinguished Service Cross (DSC).

3.  The applicant states, in effect, that his WD AGO Form 53-55 does not show the Distinguished Service Cross.  In support of his application he submits a copy of his WD AGO Form 53-55 and a copy of Third U.S. Army General Orders Number 258, dated 18 September 1945, which awarded him the Distinguished Service Cross.

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 on 20 July 1943 as a light truck driver (345).  He served in the European-African-Middle Eastern Theater of Operations from 14 April 1944 to 3 October 1945 and was honorably discharged on 18 October 1945.  

5.  The applicant’s WD AGO Form 53-55 shows that he was awarded the Purple Heart (First Oak Leaf Cluster), the European-African-Middle Eastern Theater Service Medal with four bronze service stars, the Good Conduct Medal, the Silver Star Medal, the Distinguished Service Cross and the Combat Infantryman Badge (CIB).  Therefore the applicant’s request for award of the DSC will not be
be discussed further in these proceedings.

6.  The Board noted the applicant was awarded the Combat Infantryman Badge. There is no evidence he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

7.  The Board notes that the applicant is entitled to the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal which are not shown on his discharge document.

8.  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.

9.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II.  This document shows the unit to which the applicant was assigned, Company H, 39th Infantry Regiment, 9th Infantry Division, received occupation credit for Germany for the period from 2  May 1945 to 31 October 1945.

10.  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.  Evidence of records shows that he 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.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal based on award of the Combat Infantryman Badge.

2.  The applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show these awards.

3.  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 Bronze Star Medal based on award of the Combat Infantryman Badge, the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal.

BOARD VOTE:  

JLP_____  MHM____  JEA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JENNIFER L. PRATER______
		        CHAIRPERSON

INDEX

CASE ID	AR2000037346	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000713	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451018	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60		
2.  113		
3.  112		
4.  75		
5.  113		
6.  102