PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            6 November 2001
	DOCKET NUMBER:   AR2001058658

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Mr. Elzey J. Arledge		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 records to show that he was captured by the German Army near Grantorto, Italy, and held as prisoner of war from 28 April to 2 May 1945.

3.  The applicant states that his military record omits the facts regarding his capture and prisoner of war status. 

4.  The applicant’s military records were lost or destroyed 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 on 20 September 1942 and entered active duty on 5 October 1942.  He served in the European Theater of Operations from 24 December 1943 to 20 August 1945 and was honorably discharged on 29 October 1945.

5.  The applicant’s records contain a Proceeding of the Army Board for Correction of Military Records, dated 3 November 1993, which considered the same request submitted to this Board in an application, dated 23 May 2001.  On 3 November 1993, the Board granted the requested relief and amended the applicant’s records with a DD Form 215 (Correction to Certificate of Release or Discharge) and forwarded a DA Form 1577 (Authorization for Issuance of Awards) directing the Prisoner of War Medal be issued to him.  The applicant was notified of these facts and provided copies of these documents by separate correspondence.  

6.  The Board noted that the applicant was awarded the Combat Infantryman Badge by Headquarters 350th Infantry Regiment General Order Number 12, dated 1944.  The Board also noted that he received award of the Bronze Star Medal by 88th Infantry Division General Order Number 91, dated 1945.  

7.  There is no indication in the available records that the applicant received award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

8.  The Board noted that the applicant accrued 1 year, 3 months and 27 days of “Continental Service”, but there is no indication in his records that he received the American Campaign Medal.

9. The applicant’s records do not show award of the World War II Victory Medal.

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

11.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

13.  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.

CONCLUSIONS:

1.  Evidence of record shows that the applicant’s records were corrected to show that he was a prisoner of war during World War II and that he was awarded the Prisoner of War Medal.  Therefore, his records are correct as currently constituted and no further action is required by the Board in regard to his prisoner of war status and award of the Prisoner of War Medal.

2.  Evidence of record shows the applicant received the Combat Infantryman Badge and a previous award of the Bronze Star Medal.  As a result, he is entitled to a second award of the Bronze Star Medal which is based on award of the Combat Infantryman Badge.  

3.  Evidence of record shows the applicant performed “Continental Service” which qualified him for award of the American Campaign Medal.  Therefore, he is entitled to correction of his records to show that he was awarded the American Campaign Medal.

4.  Based on the applicant’s service during World War II, he is entitled to award of the World War II Victory Medal.

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 this case be corrected by showing the individual concerned was awarded the Bronze Star Medal (First Oak Leaf Cluster) which is based on award of the Combat Infantryman Badge, the American Campaign Medal and the World War II Victory Medal.

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

BOARD VOTE:  

__DPH__  __DSJ___  ___EJA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. Deborah S. Jacobs__
		        CHAIRPERSON

INDEX

CASE ID	AR2001058658	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011106	
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	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.