PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 May 2002
	DOCKET NUMBER:   AR2002067479

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Terry L. Placek		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 unit of assignment be corrected on his separation document (WD AGO Form 53-55). 

3.  The applicant states, in effect, that the unit shown on WD AGO Form 53-55 document, Company A, 748th Tank Battalion, was the unit he was shipped home with, but in fact he served most of his tour overseas in combat during World War II with Company M, 101st Infantry Regiment, 26th Infantry Division.  He claims that all his overseas combat service was in the European Theater of Operations (ETO) and was performed with this unit and was only assigned to the unit listed in his separation document for shipment and separation processing.  In support of his application, he submits a copy of his picture and a copy of the program for his unit’s third anniversary party.

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

5.  The available evidence includes a separation document (WD AGO Form 
53-55) that confirms that the applicant was inducted into the Army of the United States and entered active duty on 15 March 1941 and that he continuously served on active duty until 8 October 1945, at which time he was honorably discharged in the rank of staff sergeant.  

6.  Item 6 (Organization) of the applicant’s WD AGO Form 53-55 indicates that his unit on the date of his separation was Company A, 748th Tank Battalion.  The separation document also confirms that the applicant served in the European Theater of Operations (ETO) from 7 September 1944 through 10 September 1945 and that he participated in the Central Europe; Northern France; Ardennes; and Rhineland campaigns of World War II during this period.  It also shows that during his active duty tenure he earned the following awards:  European-African-Middle Eastern Campaign Medal; Good Conduct Medal; American Defense Service Medal; and Combat Infantryman Badge.

7.  Also included in the available evidence were morning report extracts for Company M, 101st Infantry Regiment, which confirm that the applicant was assigned to that unit in July 1945.  In addition, the applicant provides a copy of this unit’s anniversary program for Company M, 101st Infantry Regiment, dated in January 1944, which lists his name in the enclosed unit personnel roster and a copy of pictures taken of the unit in July 1944, which he claims he is in.  

8. Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in item 6 (Organization) of the WD AGO Form 53-55.  It also notes that assignments to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal (BSM) 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.

10.  Paragraph 5-11 provides guidance on awarding the World War II Victory Medal and states, in pertinent part, that this award is given for service between 
7 December 1941 and 31 December 1946, both dates inclusive.  Paragraph 5-12 contains guidance on awarding the European-African-Middle Eastern Campaign Medal and states, in pertinent part, that one bronze service star is authorized for each campaign a member participated in while in the theater.

CONCLUSIONS:

1.  The Board finds the available evidence is sufficiently convincing to support the applicant’s that he served in Company M, 101st Infantry Regiment, for the majority of his combat service in the ETO during World War II and that the unit currently listed in his separation document was a transitional unit to which he was assigned for separation movement and processing.  Therefore, the Board concludes it would be appropriate to correct item 6 (Organization) of his WD AGO Form 53-55 at this time.

2.  By regulation, 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, and the regulation stipulates that for this purpose award of the CIB is considered a citation in orders.  

3.  The evidence confirms that the applicant was awarded the CIB for his combat service in the ETO during World War II, and as a result is entitled to the BSM for his exemplary conduct in ground combat during World War II.  Therefore, the Board concludes that it would be appropriate to add this award to his record at this time. 

4.  The Board also finds that the applicant is entitled to the World War II Victory Medal for his World War II service, and to 4 bronze service stars for his European-African-Middle Eastern Campaign Medal based on campaign participation in the ETO.  Therefore, the Board finds it would also be appropriate to add these awards to his record at this time.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending Item 6 (Organization) of the WD AGO 53-55 of the individual concerned to read Company M, 101st Infantry Regiment; by awarding him the Bronze Star Medal for exemplary conduct in ground combat during World War II; by showing he earned 4 bronze service stars for his European-African-Middle Eastern Campaign Medal and the World War II Victory Medal; and by providing him a corrected separation document that reflects these changes.  

BOARD VOTE:  

__JHL___  __JNS___  __TLP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JoAnn H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR200206749	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/09	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.