PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           1 February 2001                  
	DOCKET NUMBER:   AR2000046139

	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	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Lutz		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 that his military records be corrected to show that he was awarded the Combat Infantryman Badge (CIB), the Presidential Commendation, the Presidential Commendation Badge, the National Defense Service Medal (NDSM), the Good Conduct Medal (GCM) and the World War II Honorable Service Lapel Button.

3.  The applicant states, in effect, that the awards listed above are not reflected on his separation document.

4.  In support of his request, he submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation.

5.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was derived from the documentation submitted by the applicant.

6.  His WD AGO Form 53-55 shows that he was inducted on 12 May 1944, was awarded military occupational specialty (MOS) 745 (rifleman) and served with B Company, 334th Infantry (84th Infantry Division) in the European Theater of Operations from November 1944 to April 1945.  He had 5 days of lost time under Article of War 107 and was honorably discharged with a Certificate of Disability for Discharge on 30 July 1945 in the grade of private.

7.  Awards shown on his WD AGO Form 53-55 include the European-African-Middle Eastern Campaign Medal with 1 Bronze Service Star and the World War II Honorable Service Lapel Button.

8.  Manual for Courts- Martial, U. S. Army, 1928, Article 107, provides in pertinent part that every soldier who deserts, absents himself without authority because of confinement or inability to perform duty for more than one day, shall be liable to serve, after his return to full-duty status, the full term of the enlistment period which he was required to serve.

9.  The Presidential Commendation and the Presidential Commendation Badge requested by the applicant cannot be identified.  During World War II there was an Army Commendation Ribbon since redesignated the Army Commendation Medal and a Distinguished Unit Citation, a unit award, redesignated in 1966 as the Presidential Unit Citation.  The Army issued no Presidential Commendation or Presidential Commendation Badge.

10.  Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry MOS and must perform primary duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.  During World War II, the CIB was awarded to enlisted men serving in MOS 604 (light machine gunner), 605 (heavy machine gunner), 651 (platoon sergeant), 653 (squad leader), 745 (rifleman), 746 (automatic rifleman), and 812 (heavy weapons noncommissioned officer).

11.  Subsequent to the cessation of hostilities during World War II, the regulation governing the award of the Bronze Star Medal (BSM) was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the CIB for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.

12.  The awards regulation provides also that the GCM is awarded for exemplary behavior, efficiency and fidelity for a specific period of service, normally 3 years.  The enlisted person must be recommended for the award and it must be announced in general orders.  Additional criteria, then in effect, provided that, throughout the qualifying period, the enlisted person must have received all excellent conduct and efficiency ratings and have no court-martial convictions.

13.  The American Campaign Medal may be awarded for service in the American Theater between 7 December 1941 and 2 March 1946; and, the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.

14.  The NDSM was established on 22 April 1953.  It is awarded for honorable active service for various periods between 27 June 1950 and 30 November 1995.

15.  DA Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, lists among other awards units that have been awarded unit citations.  The register does not show that the applicant’s unit, B Company, 334th Infantry, was awarded a unit citation.

CONCLUSIONS:

1.  In the absence of any other records and based solely on information contained on the applicant’s WD AGO Form 53-55, the Board accepts through 

extrapolation, that the applicant, is probably entitled to the CIB in light of the facts that he was an infantryman, he had an infantry MOS and was assigned to an infantry unit smaller than a brigade in size which was involved in combat during World War II.

2.  By virtue of his being awarded the CIB, he is also entitled to the BSM under the revised criteria for that award published subsequent to World War II.  Additionally, considering the period of his service, he is also eligible for the American Campaign Medal and the World War II Victory Medal.  His WD AGO Form 53-55 shows that he is already authorized the World War II Honorable Service Lapel Button.

3.  The Unit Citation and Campaign Participation Credit Register does not show that his unit, B Company, 334th Infantry was awarded a unit level citation.  Since this is a unit award he is not entitled to have it reflected on his separation document unless it was awarded during the period of his assignment to that unit. Neither is he entitled to the NDSM.  The NDSM was not established until 1953 and was not retroactive to the World War II era.

4.  Insofar as the Good Conduct Medal is concerned, once again, the only available record on which to evaluate the applicant’s conduct at the time is his WD AGO Form 53-55.  Based on the 5 days lost time(under the provisions or Article of War 107) reflected thereon, it must be assumed that his commander would not have recommended him for the Good Conduct Medal.  Therefore, there are no grounds for this Board to authorize that award now.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  showing that the individual concerned was awarded the CIB for his World War II service, the BSM (based on award of the CIB), the American Campaign Medal and the World War II Victory Medal; and

	b.  issuing to him all of the awards (the CIB, the BSM, the European-African-Middle Eastern Campaign Medal, the American Campaign Medal, the World War II Victory Medal and the World War II Honorable Service Lapel Button) to which he is entitled.

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

BOARD VOTE:  

___lls___  ____bjl__  ___jea___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Luther L. Santiful     ___
		        CHAIRPERSON

INDEX

CASE ID	AR2000046139	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010201	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.