PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 April 2002                   
	DOCKET NUMBER:   AR2002066373

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		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 the Presidential Unit Citation (PUC) and any other additional awards that he may be entitled to.

3.  The applicant states in effect, that his unit was awarded the PUC.  However, his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) does not reflect the award.

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 the reconstructed records.  

5.  The applicant was inducted into the Army of the United States on 28 January 1944.  He served in the European Theater of Operations (ETO) from 8 December 1944 to 5 September 1945.  He was assigned to Company A, 320th Infantry Regiment, 35th Infantry Division as a rifleman.  The applicant was honorably discharged on 13 December 1945.  

6.  His WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge, the Good Conduct Medal, the Victory Medal (known as the WWII Victory Medal), the European-African-Middle Eastern Theater Ribbon (now known as the European-African-Middle Eastern Campaign Medal), the American Theater Campaign Ribbon (now known as the American Campaign Medal) and the Lapel Button (now known as the Honorable Service Lapel Button WWII).  It does not show the award of the Presidential Unit Citation (formerly known as the Distinguished Unit Citation).

7.  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.

8.  The applicant’s record shows that the applicant was eligible for the Army of Occupation Medal with Germany Clasp which is not shown on his WD AGO Form 53-55.  The Board also noted that the applicant served in three ETO campaigns and was eligible to wear three bronze service stars with the 
European-African-Middle Eastern Theater Ribbon.  This award is not shown on his WD AGO 53-55.

9.  The applicant’s record also shows that he was entitled to the Bronze Star Medal based on the award of the Combat Infantryman Badge.  This award is not reflected on the applicant’s WD AGO 53-55.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units, which served during World War II.  This document shows the unit to which the applicant was assigned, the 320th Infantry Regiment, 35th Infantry Division, received the Distinguished Unit Citation for actions during the period 10 – 13 August 1944, based on War Department
General Order 55 – 45.

11.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, show, among other information, occupation credit during World War II.  This document shows the unit to which the applicant was assigned, the 320th Infantry Regiment, 35th Infantry Division, received occupation credit for Germany for the period from 2 May – 14 August 1945, based on War Department General Order 43 – 50.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

CONCLUSIONS:

1.  The evidence of record clearly shows the unit in which the applicant was assigned, the 320th Infantry Regiment, 35th Infantry Division, was awarded the Presidential Unit Citation for the period 10 – 13 August 1944.  However, the evidence of record shows the applicant’s arrival to the unit was on 8 December 1944, after the unit’s award.  Therefore, correction of his WD AGO Form 53-55 to show this award would be inappropriate. 

2.  The evidence of record shows that the applicant completed qualifying service in Germany for the award of the Army Occupation Medal with Germany Clasp; therefore, he is entitled to correction of his records to show this award.

3.  The evidence of record shows that the applicant participated in three battle campaigns and was entitled to wear three bronze service stars with his European-African-Middle Eastern Campaign Ribbon.

4.  The evidence of record also shows that the applicant was eligible to received the Bronze Star Medal based on the award of the Combat Infantryman Badge.
Therefore, the applicant is entitled to correction of his record to show this award.

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 that the individual concerned was awarded the Army of Occupation Medal with German Clasp, the European-African-Middle Eastern Campaign Ribbon w/3 bronze service stars and the Bronze Star Medal.

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

BOARD VOTE:  

__rvo___  __rjw___  __dph___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002066373	
SUFFIX		
RECON		
DATE BOARDED	20020409	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0031	
2.		
3.		
4.		
5.		
6.