PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 November 2001
	DOCKET NUMBER:   AR2001059427

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show he was awarded the Silver Star (SS), Purple Heart (PH), and Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that his WD AGO Form 53-55 is incorrect; that it is missing the information reflecting that he was an infantryman assigned to the 9th Infantry Division; and that he was awarded the SS, PH, and CIB. 

4.  In support of his application, the applicant submitted a four-page statement detailing the history of his enlistment and a copy of his WD AGO Form 53-55.

5.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the applicant's WD AGO Form 53-55 and Department of the Army, Office of the Surgeon General.

6.  The applicant served in the Army of the United States from 14 August 1941 to 13 November 1945 when he was honorably discharged.  His WD AGO 53-55 shows that he departed the US on 3 May 1944 and arrived in the ETO (European Theater of Operations) on 14 May 1944.  It also shows that he participated in the following campaigns:  Normandy, Northern France, and Rhineland.  His WD AGO 53-55 credits him with the following awards:  American Defense Service Medal, American Service (sic) Medal, European African-Middle Eastern Service (sic) Medal, Good Conduct Medal, and Victory Medal. 

7.  Information reconstructed from his hospital admission card created by the Office of the Surgeon General indicates the applicant was an enlisted man serving in the Infantry.  It also shows that he was wounded in the knee by artillery and treated at the battalion/regimental aid station as a battle casualty.  

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

9.  AR 600-8-22 provides, in pertinent part, that the SS is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

10.  AR 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

11.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign and service medals.  During the applicant’s assignment in the ETO, he participated in three campaigns, Normandy, Northern France, and Rhineland.  He is entitled to three bronze service stars on his European-African-Middle Eastern Campaign Medal.

12.  War Department Circular 269-1943 established the CIB and the Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen.  The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  The Awards Branch, Total Army Personnel Command, has advised in similar cases that during World War II, the CIB was normally awarded only to enlisted soldiers who served in the following positions:

a.  Light machine gunner (604)
b.  Heavy machine gunner (605)
c.  Platoon sergeant (651)
d.  Squad leader (653)
e.  Rifleman (745)
f.  Automatic rifleman (746)
g.  Heavy weapons NCO (812)
h.  Gun crewman (864)

CONCLUSIONS:

1.  The evidence of record does not support the applicant’s contentions that he was awarded the Silver Star or that he was assigned to the 9th Infantry Division and he has not provided any corroborating evidence to support them.

2.  The Office of the Surgeon General hospital record indicates that the applicant was an enlisted infantryman when he was wounded as a result of hostile action and that his wound required treatment by battalion/regimental medical personnel. This evidence supports the applicant's contention that he is entitled to award of the PH and CIB.
3.  The applicant is also entitled to three Bronze Service Stars on his European African-Middle Eastern Campaign Medal.

4.  The applicant's WD AGO Form 53-55 erroneously shows the applicant with award of the American Service Medal and the European-African-Middle Eastern Service Medal.  The correct nomenclatures for these awards are American Campaign Medal and European-African-Middle Eastern Campaign Medal.  This should be corrected.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, awarding him the PH, CIB, and three bronze service stars for his European-African-Middle Eastern Campaign Medal.  Further, his American Service Medal and European-African-Middle Eastern Service Medal should be corrected to read American Campaign Medal and European-African-Middle Eastern Campaign Medal.

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

BOARD VOTE:  

__FNE___  ___BJE_  __KYF__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    _Fred N. Eichorn________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059427	
SUFFIX		
RECON		
DATE BOARDED	20011108	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451113	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Convenience of government-demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0007	
2.	107.0014	
3.	107.0111	
4.		
5.		
6.