PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 August 2001
	DOCKET NUMBER:   AR2001056244

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith 		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, that his unit of assignment be corrected on his discharge records. 

3.  The applicant states, in effect, that the unit shown on his separation document, Company A, 129th Ordnance Maintenance Battalion, is incorrect and he in fact served in the 3rd Battalion, 116th Infantry Regiment, 29th Infantry Division during his World War II service.  He claims that all his overseas combat service was in the European Theater of Operations (ETO) and was performed with this unit.  He claims that he was only assigned to the unit listed in his separation document for separation processing.  In support of his application, he submits a copy of his War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation), his honorable discharge certificate, and a copy of the award certificate that shows he was awarded the Bronze Star Medal (BSM).

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

5.  The available evidence does include a WD AGO Form 53-55, which confirms that the applicant was inducted into the Army of the United States on 17 June 1943 and served on active duty until 21 October 1945, at which time he was honorably discharged in the rank of private first class (PFC). 

6  The separation document issued to the applicant upon his discharge indicates in block 6 (Organization) that his unit at the time of his separation was Company A, 129th Ordnance Maintenance Battalion.  

7.  The WD AGO Form 53-55 also shows that he arrived in the ETO on 
20 December 1943 and served there until his return to the United States for separation on 10 October 1945.  In addition, it confirms he participated in the following campaigns of World War II: Central Europe; Normandy; Northern France; and Rhineland and that he was awarded the European-African-Middle Eastern Campaign Medal, Good Conduct Medal, Purple Heart (2nd OLC), and Combat Medical Badge during his tenure in service.

8.  The applicant provided a copy of a Bronze Star Medal (BSM) certificate that shows he was awarded the BSM for meritorious achievement in military operations against the enemy in Western Europe from 6 June 1944 to 
29 June 1944 and from 13 September 1944 to 8 May 1945.  This certificate shows his unit of assignment as the 116th Infantry Regiment, 29th Infantry Division.  Item 33 (Awards and Decorations) of the applicant’s WD AGO Form 53-55 does not show award of the BSM. 
9.  Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in item 6 (Organization) of the WD AGO Form 53-55.  It also notes that assignments to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the policy and procedure for individual military awards.  Paragraph 3-13 provides guidance for awarding the Bronze Star Medal (BSM) and states, in pertinent part, that it is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  In addition, the regulation states that 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 and that for this purpose award of the CMB serves as a citation in orders. 

11.  Paragraph 5-11 provides guidance on awarding the World War II Victory Medal and states, in pertinent part, that this award is given for service between 
7 December 1941 and 31 December 1946, both dates inclusive.  Paragraph 5-12 contains guidance on awarding the European-African-Middle Eastern Campaign Medal and states, in pertinent part, that one bronze service star is authorized for each campaign a member participated in while in the theater. 

CONCLUSIONS:

1.  The Board finds the independent evidence provided by the applicant is sufficient to support his claim that he served in the 3rd Medical Battalion, 
116th Infantry Regiment, 29th Infantry Division during the majority of his World War II service in the ETO and that Company A, 129th Ordnance Maintenance Battalion was likely a transitional unit based on the short period of time between his departure from the ETO and his separation from active duty.

2.  The applicant’s period of service from 17 June 1943 to 21 October 1945 entitles him to award of the World War II Victory Medal.  In addition, based on his participation in four campaigns of World War II while assigned to the ETO, he is also entitled to 4 bronze service stars for his European-African-Middle Eastern Campaign Medal.  Therefore, the Board finds it would be appropriate to add these items to his record at this time. 

3.  The Board also concludes that the BSM certificate provided by the applicant confirms that he was awarded the BSM for meritorious achievement in military operations against the enemy in Western Europe from 6 June 1944 to 
29 June 1944 and from 13 September 1944 to 8 May 1945.  Further, based on his having earned the CMB, the Board finds the applicant meets the regulatory criteria to be awarded the BSM 1st Oak Leaf Cluster for his exemplary conduct in ground combat between 7 December 1941 and 2 September 1945.

4.  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 to showing, in block 6 (Organization) of the WD AGO 53-55 of the individual concerned, that his unit of assignment was the 3rd Battalion, 116th Infantry Regiment, 29th Infantry Division; by showing he earned the BSM, BSM (1st OLC), World War II Victory Medal and 4 bronze service stars for his European-African-Middle Eastern Campaign Medal; and by providing him a corrected separation document that reflects these changes. 

BOARD VOTE:  

__MKP   _  __TBR __  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2001056244	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/07	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.1021.00	100.00	
2.		
3.		
4.		
5.		
6.