PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 7 December 2000
	DOCKET NUMBER:        AR2000040355

	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. Antoinette Farley .		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Ernest W. Lutz Jr.		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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge), be corrected by adding the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).

3.  The applicant states, in effect, that the CIB and the BSM were issued to him while assigned to Company C, 1st Battalion, 47th Infantry Regiment in Europe, but were not listed on his WD AGO Form 53-55 at the time of his discharge.  He submits a copy of his WD AGO Form 53-55 dated, 4 May 1946; a copy of his discharge certificate; a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 12 December 1977; a copy of a General Orders Number 1, Headquarters 260th Infantry, dated 25 March 1945 authorizing him to wear the CIB; and a WD AGO Form 100 (Separation Qualification Record), also issued on 4 May 1946. 

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center Fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted into the Army of the United States on 19 November 1943.  He served as a rifleman, military occupational specialty (MOS) 745, in the European Theater of Operation (ETO) from 
21 January 1945 to 20 April 1946 and then was returned to the United States for demobilization.  On 4 May 1946, he was honorably discharged.  He was 
credited with 2 years, 3 months and 6 days of active duty, and had inactive service from 19 November to 9 December 1943.  The highest rank he attained was private first class.  

5.  The applicant’s WD AGO Form 53-55 shows that he participated in two campaigns in the European Theater of Operation (ETO) (Rhineland, and Central Europe).  His awards and decorations included the European-African-Middle Eastern (EAME) Theater Service Medal (now the EAME Campaign Medal), the American Service Medal (now the American Campaign Medal (ACM)), and the Good Conduct Medal.  The World War II “Lapel Button” and two overseas service bars were also issued. 

6.  On 25 March 1945, the applicant was given authorization to wear the CIB by his unit in Germany.  However, the CIB was not shown on his WD AGO Form 53-55.  Regulations and procedures in effect in 1945 authorized unit commanders to certify entitlement to the CIB for departing unit soldiers.  

7.  On 12 December 1977, a DA Form 1577 (Authorization for Issuance of Awards), was issued by the Army Reserve Personnel Center (ARPERCEN).  It shows that since he was awarded the CIB, he was entitled to receive the BSM.

8.  Army Regulation 600-8-22 also provides, in pertinent part, that the BSM is awarded for heroism and 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 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 or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal (AOM) with Germany Clasp is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany, service must have been between 
9 May 1945 and 5 May 1955 and the EAME Campaign Medal must have been awarded prior to 9 May 1945.

10.  Department of the Army Pamphlet 672-3, shows that the 47th Infantry Regiment, 9th Infantry Division received occupational credit in Germany from 
21 January 1945 to 20 April 1946.  The applicant was assigned to the unit during this period.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the applicant’s unit in Germany was awarded the Presidential Unit Citation (PUC) by Department of the Army General Order 65, 1946 for service during the period from 8-19 March 1945.

12.  Department of the Army Pamphlet 672-3 indicates that the applicant’s unit, while in Europe, participated in three campaigns, the two cited earlier and also the Ardennes-Alsace Campaign.  Therefore he is entitled to receive credit for three campaign credits while in the ETO. 

13.  Army regulations prescribe that a bronze service star (BSS) is worn on a campaign medal to denote each campaign in which the soldier participated. 

14.  Army Regulation 635-5 provides that item 32 shows the battles and campaigns and item 33 of the WD AGO 53-55 will reflect decorations, medals, badges, citations, and campaign ribbons awarded or authorized for all periods of service.  A DD Form 215 (Correction to DD Form 214 (the successor document to the WD AGO 53-55)) will be issued to show corrections and/or additions to these items.  

CONCLUSIONS:

1.  Evidence of record shows that, based on the General Order 1, Headquarters 260th Infantry Regiment, issued on 25 March 1945, the applicant is entitled to wear the CIB.

2.  He is further entitled to receive the award of the BSM based on his award of the CIB.  

3.  The evidence of record shows that he served with his unit in Germany for more than 30 days between 9 May 1945 and 5 May 1955.  Further, he earned the EAME for service prior to 9 May 1945.  Therefore, he is entitled to the AOM with Germany clasp.

4.  Additionally, he earned campaign credit for the Ardennes-Alsace Campaign.  This campaign credit should be added to item 32 of his record and item 
33 should be corrected to show that he is authorized to wear three BSS on his EAME for  three campaign credits.

5.  Further, the applicant's unit was awarded the PUC for heroic service in the ETO in March 1945, while he was assigned to the unit.  Therefore, he is entitled to this award.

6.  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 issuing to the individual concerned a DD Form 2l5 to correct the WD AGO Form 53-55, issued to him on 4 May 1946:

a.  by adding to item 32 campaign credit for the Ardennes-Alsace- Campaign; and 

b.  by adding to item 33 the award of the BSM; the AOM with Germany clasp; the CIB; the PUC and three bronze service stars to be worn on his EAME Campaign Medal.  

BOARD VOTE:  

_rvo____  __jpi_____  __ewl ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2000040355	
SUFFIX		
RECON		
DATE BOARDED	20001207	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460504	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A107.00	
2.	A70.111	
3.	A70.014	
4.		
5.		
6.