PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 May 2002                   
	DOCKET NUMBER:   AR2001062587

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman, Jr.		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 that his Report of Separation, WD AGO Form 53-55, be amended to show his military occupational specialty (MOS) as infantryman and to show he was awarded the Bronze Star Medal (BSM).

3.  The applicant states that when the war was over he was transferred to another unit to ship home.  That unit’s clerk had more points than he had.  When the clerk learned that he (the applicant) had clerical experience in civilian life, the clerk made him his replacement and changed his MOS to 055, clerk.  As supporting evidence he provides his WD AGO Form 53-55 and five documents showing he was awarded the BSM.

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

5.  The applicant was inducted into the Army on 26 February 1943 and entered active service on 5 March 1943.  His WD AGO Form 53-55 shows he arrived in the European-African-Middle Eastern Theater of Operations on 15 December 1944.

6.  General Orders 1, Headquarters, 276th Infantry dated 24 January 1945 awarded the Combat Infantryman Badge to the applicant and others assigned to Company C, 276th Infantry.

7.  An undated COMMENDATION from Headquarters, 70th Infantry Division cited the applicant’s outstanding action near Forbach, France on 27 February 1945 when he and another comrade dashed one hundred yards down a fire-swept street to aid four comrades wounded by heavy enemy fire.  The COMMENDATION is signed by Brigadier General Herren, Commanding.

8.  A Request for Decoration and/or Citation dated 20 March 1946 notes that the applicant was notified by a letter from the 70th Division chaplain that he had been awarded the BSM on General Orders, approximate date of award 20 August 1945, but it was never entered on his records due to his being transferred to another unit.

9.  The applicant’s Final Payment Worksheet, WD Form 372A, shows he was authorized combat infantryman pay for the period 1 February – 21 March 1946.

10.  The applicant departed the theater of operations on 4 March 1946.  He separated on 21 March 1946.  His WD AGO Form 53-55, item 30 shows his MOS as clerk, general, 055.  Item 31 shows he was awarded the Combat Infantryman Badge.  Item 33 does not list a BSM.  

11.  On 13 May 1947, Headquarters, 6th Army, Presidio of San Francisco notified the applicant that it wished to make appropriate arrangements to present a BSM to him.  It was presented in a ceremony on 22 May 1947.  A press release indicates the BSM was awarded for heroic achievement in France on 5 January 1945.

12.  The U. S. Total Army Personnel Command located General Orders 115, Headquarters, 70th Infantry Division dated 29 August 1945 which awarded the applicant the BSM for heroic action on 5 January 1945.

13.  Army Regulation 600-8-22 provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  

14.  Army Regulation 600-8-22 provides for the award of the BSM to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.  The “V” device is worn to denote participation in acts of heroism involving conflict with an armed enemy.  The regulation also provides for award of the BSM to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders.

15.  The Army Commendation Medal was established on 18 December 1945.  Army Regulation 600-8-22 provides that an Army Commendation Medal may    be awarded to any individual commended after 6 December 1941 and before      1 January 1946 in a letter, certificate, or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.

16.  Department of the Army Pamphlet 672-1 shows that the 276th Infantry Regiment, 70th Infantry Division received occupation credit for Germany for the period 2 May – 4 September 1945.  Army Regulation 600-8-2 provides for award of the Army of Occupation Medal with Germany clasp for service in Germany between 9 May 1945 and 5 May 1955.

CONCLUSIONS:

1.  The applicant was awarded the Combat Infantryman Badge in January 1945.  His explanation of why his WD AGO Form 53-55 shows his MOS as clerk, general, 055 instead of rifleman, 745 (the most common World War II infantry MOS) is reasonable.  In addition, since he continued to draw combat infantryman pay up until he separated, it is unlikely that his MOS was officially changed to 055.  Any reasonable doubt should be resolved in favor of the applicant.

2.  The applicant was awarded the BSM for valor for action on 5 January 1945.

3.  The applicant was issued a COMMENDATION signed by the commander of the 70th Infantry Division for outstanding action on 27 February 1945.  Although the rank of the commander was brigadier general, as a division commander he was in a major general’s position.  Therefore, the applicant meets the eligibility criteria to have his COMMENDATION converted to an Army Commendation Medal.

4.  The applicant is also entitled to a second award of the BSM based upon his award of the Combat Infantryman Badge and to award of the Army of Occupation Medal with Germany clasp.

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 awarding the applicant the Bronze Star Medal 1st oak leaf cluster and the Army Commendation Medal.

2.  That the applicant’s WD AGO Form 53-55 be amended to show his MOS as rifleman, 745 and to show he was awarded the Bronze Star Medal with “V” device and a second Bronze Star Medal, the Army Commendation Medal, and the Army of Occupation Medal with Germany clasp.

BOARD VOTE:  

__mhm__  __kan___  __dph___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Melvin H. Meyer
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001062587	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	110.04	
3.		
4.		
5.		
6.