PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:          25 January 2001
	DOCKET NUMBER:  AR2000042208

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen A. Heinz 		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 records to show that he earned a “battlefield commission” as a second lieutenant during World War II.

3.  The applicant states in effect, that his commander told him that he was being recommended for a “battlefield commission” to second lieutenant.  Members of his headquarters interviewed him and he believes that the recommendation was acted upon.  A short time after he was told that he was being recommended for a commission, he was wounded and hospitalized in England.  He returned to his unit and resumed his duties as a platoon sergeant.  When he returned to his unit, the commander that recommended him for the commission was no longer there.  In April 1945, he was wounded again and shortly thereafter, he returned home and he was demobilized.  He submits a letter dated 23 October 1944 written by his commander to his parents, a letter of recommendation dated 19 January 1945, a letter dated 4 March 1998 written in his own behalf and his separation documents in support of his request.

4.  The applicant’s military records show that he served on active duty as an Army National Guardsman from 11 December 1939 through 7 October 1945.  He served in military occupational specialty (MOS) 745 (Rifleman).  He served in the European Theater of Operations from 24 May 1944-23 September 1945.  His campaigns included Normandy, Northern France, Rhineland, and Central Europe. He was honorably discharged on 7 October 1945 with the rank of “T Sergeant.”

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows that he was awarded the Purple Heart, the Good Conduct Medal, the American Defense Service Medal, the Combat Infantryman Badge and the World War II Lapel Button.  A DD Form 
215 (Correction to DD Form 53-55) issued on 22 April 1994 shows that he was awarded the first Oak Leaf Cluster to the Purple Heart.

6.  His WD AGO Form 53-55 does not show that he received the Bronze Star Medal (BSM) (based on award of the CIB), the World War II Victory Medal, the European-African-Middle Eastern (EAME) Campaign Medal with four bronze service stars (BSSs) (to represent the four campaigns that he served in during World War II) as authorized awards.

7.  Headquarters Department of the Army General Orders Number 20, dated 1946, awarded his unit the Distinguished Unit Citation (DUC) for heroism on 
10 December 1944.  The award was made after the applicant was discharged, therefore it is not on his WD AGO Form 53-55.

8.    On 23 March 1948, he reenlisted in the Armed Forces of the Untied States and he served until he was honorably discharged on 22 March 1952.

9.  The available records fail to show that the applicant was ever officially recommended or tendered and accepted a “battlefield commission” as a second lieutenant.

10.  The applicant provided a copy of a letter dated 23 October 1944 that was written by his commander to his parents stating that the applicant had been slightly wounded and that he had been “appointed for a field commission.”   

11.  A Joint Resolution, Public Law, 77-252, dated 22 September 1941, provided that, “during the present emergency, temporary appointments as officers of the Army of the United States could be made without appointing such persons as officers in any particular component of the Army of the United States.”  It further provided that such appointments could be vacated at any time by the President and, if not sooner vacated, would continue ”during the present emergency and 
6 months thereafter.”

12.  The editions of Army Regulation 605-10, and changes thereto in effect between 1941 and 1949, implemented Public Law 77-252.  The period of an appointment as a commissioned officer without component was specified as the duration of the present emergency and 6 months thereafter, unless soon terminated.  Provisions were made for termination of such an appointment at the discretion of the President.  In addition, it was stipulated that, during the present emergency and such further period as the Secretary of War may prescribe, former enlisted men who were discharged to enter on active commissioned service, and who presented themselves for enlistment upon the honorable termination of their officer status, would be entitled to restoration to the enlisted grade held immediately preceding their commissioned service.

13.  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.

14.  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.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of the EAME Campaign Medal for qualifying service in the European Theater of Operations for the period 7 December 1941 to 8 November 1945.  
16.  Army Regulation 600-8-22 also authorizes a BSS, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSSs will be worn on the appropriate campaign or service medal including the EAME Campaign Medal.  

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the DUC 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 was cited for award of the DUC for the period 10 December 1944. 

CONCLUSIONS:

1.  There is no official evidence to show that the applicant was tendered and accepted a temporary appointment or “battlefield commissioned” as a second lieutenant.  Therefore, he is not entitled to correction of his records to show that he earned a commission as a second lieutenant.  

2.  However, he is entitled to correction of his record to show award of the BSM; the World War II Victory Medal; the EAME Campaign Medal; four BSSs for wear on the EAME Campaign Medal; and the DUC.

3.  In view of the foregoing, the applicant's records should be corrected, 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 BSM; the World War 
II Victory Medal; the EAME Campaign Medal; four BSSs for wear on the EAME Campaign Medal; and the DUC.

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

BOARD VOTE:

__jh____  ___le____  __kah___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___June Hajjar____
		        CHAIRPERSON

INDEX

CASE ID	AR2000042208	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 615-365 	
DISCHARGE REASON	A04.00	
BOARD DECISION	(PARTIAL GRANT)	
REVIEW AUTHORITY	ASA	
ISSUES         1.	1102.000	
2.		
3.		
4.		
5.		
6.