PROCEEDINGS

	IN THE CASE OF:            

	BOARD DATE:                 1 November 2001              
	DOCKET NUMBER:         AR2002060932

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian 		Member	
	Mr. Curtis L. Greenway		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 records be corrected to show his entitlement to award of the Bronze Star Medal (BSM) or Silver Star (SS), based on receipt of a Letter of Commendation. 

3.  The applicant states that while serving in the European Theater of Operations, he was awarded a Letter of Commendation for heroic service and gallantry against the enemy on 5 March 1945.  He was told that this incident and one other would result in being awarded a Bronze or Silver Star.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

5.  On 29 November 1943, he was inducted into the Army of the United States.  The period from 29 November to 19 December 1943 was inactive service in the Enlisted Reserve Corps.

6.  On 20 December 1943, he entered active duty in the Army.

7.  On 7 November 1944, he departed for the European Theater of Operations (ETO), arriving on 19 November 1944.

8.  On 13 March 1945, the battalion commander, a lieutenant colonel, issued him a Letter of Commendation for his heroic service and gallantry against the enemy on 5 March 1945.

9.  On 2 August 1945, he departed the ETO for the Western Pacific Theater of Operations (WPTO), arriving on 15 September 1945.  He departed the WPTO on an unspecified date and arrived in Japan on 21 October 1945.  He departed on an unspecified date and arrived in the United States on 4 April 1946.

10.  On 11 April 1946, he was honorably separated, as a technician 5th grade, under Army Regulation 615-365 based on the expiration of his term of service.  His separation document indicates he had 2 years, 3 months and 22 days of creditable service and 2 years, 4 months and 13 days total service for pay.  He was entitled to award of the Good Conduct Medal, the European-African-Middle Eastern Theater Service Medal (EAMETSM) with credit for the Rhineland and Central Europe campaigns, the Asiatic-Pacific Theater Service Medal and the Combat Infantryman Badge (CIB).

11.  Army Regulation 600-8-22 (Military Awards) indicates, in pertinent part, that the Army Commendation Medal may be made on letter application to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, signed by an officer in the grade or position of a major general or higher.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star (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 are required.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  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 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal (WWIIVM).  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  The evidence of record shows the applicant did have a letter of commendation; however, the author was in the grade of lieutenant colonel and not the required major general or higher.  He is not entitled to the BSM or the SS based on this evidence, nor was he recommended for either.

2.  Based on award of the CIB, he is entitled to award of the BSM and his records should be corrected accordingly.

3.  He met the requirement for award of the WWIIVM and his records should be corrected.

4.  Based on participation in the Rhineland and Central Europe campaigns, he is entitled to 2 bronze service stars to the EAMETSM. 
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 showing the individual concerned was awarded the BSM (based on award of the CIB), two bronze service stars to the EAMETSM for the Rhineland and central Europe campaigns and the WWIIVM.

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

BOARD VOTE:  

_aao____  _wtm____  _clg____ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Walter T. Morrison
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002060932	
SUFFIX		
RECON		
DATE BOARDED	20011101	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.