PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 December 2000    
	DOCKET NUMBER:   AR2000044033

	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. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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 item 30 (Military Occupational Specialty and No.) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show “RIFLEMAN 745” instead of “TRUCK DRIVER 931” and item 41 (Service Schools Attended) to show that he attended the University of Delaware from 31 May 1944 to 20 September 1944.

3.  The applicant states, in effect, that his military occupational specialty (MOS) was incorrectly listed as a truck driver during his discharge processing due to haste.  In support of his application, he submits a copy of his WD AGO Form
53-55.  

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 
31 May 1944.  He served as a truck driver in the European Theater of Operations from 25 February 1945 to 13 July 1946 and was honorably released on 31 July 1946.

5.  Item 30 (Military Occupational Specialty and No.) on the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “TRUCK DRIVER 931”.  Item 41 (Service Schools Attended) on the WD AGO Form 53-55 shows the entry “NONE”.

6.  The applicant’s discharge document shows that his branch of service was infantry.  His discharge document also shows that he was awarded the Combat Infantryman Badge.  However, there is no evidence in the available records which shows the applicant was awarded or held MOS 745 (Rifleman).

7.  There is no evidence in the available records which shows the applicant attended a service school at the University of Delaware from 31 May 1944 to
20 September 1944.

8.  Army Regulation 600-8-22 (Military Awards) 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.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1.  Notwithstanding the evidence which shows that the applicant served in the infantry branch, there is no evidence of record, and the applicant has provided no evidence, which shows he was awarded or held MOS 745 (Rifleman) during World War II.  Therefore, the applicant is not entitled to correction of item
30 (Military Occupational Specialty and No.) on his discharge document to show this MOS.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows he attended a service school at the University of Delaware from 
31 May 1944 to 20 September 1944.  Therefore, the applicant is not entitled to correction of item 41 (Service Schools Attended) on his discharge document.

3.  The applicant was awarded the Combat Infantryman Badge during World War II.  Therefore, he is entitled to correction of his discharge document 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:  

JPH____  RJW____  KLW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James P. Huber________
		        CHAIRPERSON

INDEX

CASE ID	AR2000044033	
SUFFIX		
RECON		
DATE BOARDED	20001219	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460731	
DISCHARGE AUTHORITY	AR 615-365 	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	100.0500	
3.	100.0700	
4.		
5.		
6.