PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:              11 September 2001               
	DOCKET NUMBER:      AR2001057799

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Donald P. Hupman		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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Bronze Star Medal for meritorious service.

3.  The applicant states that he escaped from Nazi Germany in 1938 and that he signed up for the draft at the age of nineteen.  He states, that once World War II began, his number came up, and he voluntarily left his wife in order to serve his new country.  He further states that he was assigned to the Counter Intelligence Corps (CIC) in the 30th Infantry.  He contends that his service was exceptional as stated in the documents enclosed with his application.  At the end of the war, he was assigned as the team leader of a new CIC unit for an additional six months.  He contends that every member of his CIC team, with the exception of two members, were awarded the Bronze Star Medal for meritorious service.  He believes that he and his comrade were excluded from receiving this award because they were considered “enemy aliens” until they were honorably discharged and given U.S. citizenship.  He also believes that due to the atmosphere of the time, their exclusion from receiving this award was due to discrimination because of their Jewish religion.  In conclusion, he contends that the award given to his comrades was for supervising interrogation under fire and since he was the team member performing the interrogation, it seems only fair and just that he too should receive this medal for the service he performed.  In support of his application, he submits a copy of his WD AGO Form 53-55, his Honorable Discharge Certificate, his WD AGO Form 100 (Separation Qualification Record), five letters, and a copy of his Driver’s Trip Ticket and 
P.M. Service Record.

4.  The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted in the Enlisted Reserve Corps (ERC) on 22 July 1943.  He entered active duty on 12 August 1943 and completed training as an investigator.  The applicant served in the European-African-Middle Eastern Theater of Operations from 28 March 1944 to 6 December 1945 and was honorably discharged from active duty on 24 December 1945.

5.  The applicant’s WD AGO Form 53-55 does not show the Bronze Star Medal as an authorized award.  The Board notes that the applicant is entitled to four bronze service stars to be affixed to his European-African-Middle Eastern Service Medal which are not shown on his discharge document.

6.  There are no orders in the available records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal.  The applicant did not provide a copy of orders or an award certificate in support of his claim for this award. 

7.  The applicant’s WD AGO Form 53-55 shows he received credit for participation in the Ardennes, Central Europe, Northern France and Rhineland campaigns in item 32 (Battles and Campaigns).

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

9.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation, or in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The regulation also states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

CONCLUSIONS:

1.  The Board considered the applicant’s contentions that his service was exceptional, that every member of his CIC team was awarded the Bronze Star Medal, and that he believes he was excluded from receiving the Bronze Star Medal due to discrimination.  

2.  There is no evidence available to the Board, and the applicant has not provided any evidence, which shows he was recommended for or awarded the Bronze Star Medal.  There is also no evidence in the available records to demonstrate that the applicant was the victim of discrimination.  

3.  In the absence of a recommendation for award of the Bronze Star Medal or orders awarding the Bronze Star Medal to the applicant, there is no basis for award of the Bronze Star Medal in this case.  Therefore, he is not entitled to correction of his military records to show this award. 

4.  The applicant’s WD AGO Form 53-55 shows he participated in four campaigns during his assignment in the European-African-Middle Eastern Theater of Operations which are not correctly shown by award of four bronze service stars for wear on his European-African-Middle Eastern Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the European-African-Middle Eastern Service Medal with four bronze service stars and correction of his WD AGO Form 53-55 to show these awards.   

5.  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 the individual concerned be corrected:

	a.  by deleting the European-African-Middle Eastern Service Medal in item 33 (Decorations and Citations) of his WD AGO Form 53-55; and

	b.  by adding the entry “European-African-Middle Eastern Service Medal with four bronze service stars” in item 33 of his WD AGO Form 53-55.

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

BOARD VOTE:  

CLA_____  CLG____  DPH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Celia L. Adolphi______
		        CHAIRPERSON

INDEX

CASE ID	AR2001057799	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010911 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.