RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           24 FEBRUARY 2004                   
	DOCKET NUMBER:   AR2003092176

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Lawrence Foster		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  In effect, the applicant requests confirmation that her deceased father, a former service member (FSM) and veteran of World War II, was awarded the Silver Star.

2.  The applicant states, in effect, that the National Personnel Records Center notified her that the records of her deceased father were probably destroyed during the 1973 fire at St. Louis.  She states that agency has a limited list of awards earned by her father. 

3.  The applicant provides a copy of a Certification of Military Service prepared by the National Personnel Records Center on 4 March 2002, which shows that her father served in the Army from 29 April 1944 to 2 February 1946 and was honorably discharged in the rank of Technician Fifth Grade.  She provides documents relative to the death of her father.  She provides a copy of             26th Infantry Division General Orders Number 125, dated 5 June 1945, which indicates that her father was awarded the Silver Star. 

CONSIDERATION OF EVIDENCE: 

1.  The military records of the FSM are 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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

2.  On 14 March 1945, Headquarters, 26th Infantry Division, awarded the FSM the Bronze Star Medal for heroic achievement in connection with military operations against an armed enemy on 24 January 1945.  The award citation shows the FSM was an infantry soldier assigned to Company A, 328th Infantry Regiment.       

3.  Section II of General Orders Number 125, Headquarters, 26th Infantry Division, dated 5 June 1945, indicates that the FSM was awarded the Silver Star for gallantry in action on 21 February 1945.  The validity of the award of the Silver Star to the FSM was confirmed by an official of the Awards Branch, Human Resources Command, on 13 January 2004.

4.  A final payment worksheet shows that the FSM arrived in the United States on 28 January 1946 and was discharged at Fort Meade, Maryland on 2 February 1946.  That worksheet shows that he received $10.33 credit for expert infantry pay.

5.  On 10 April 2003 the National Personnel Records Center informed the applicant that it had verified that her father was entitled to award of the Bronze Star Medal, the World War II Victory Medal, the Combat Infantryman Badge, the Expert Infantryman Badge, and the Honorable Service Lapel Button for World War II.  On 2 May 2003 the National Personnel Records Center informed the applicant that it had verified that her father was entitled to award of the European-African-Middle Eastern Campaign Medal with two bronze service stars.   

6.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards and states, in pertinent part, that the Silver Star is awarded for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force.

7.  The Bronze Star Medal with "V" device is awarded for heroism in military operations against an armed enemy.  

8.  Paragraph 8-6 of the above-mentioned regulation provides for award of the Combat Infantryman Badge (CIB).  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

9.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.

10.  The Bronze Star Medal is awarded to each member of the Armed Forces of the United States who, after 6 December 1941 has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  The award of a Combat Infantryman Badge is considered as a citation in orders.

11.  The Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

12.  The Army of Occupation Medal is awarded for service while assigned to the Army of Occupation of Germany between 9 May 1945 and 5 May 1955.  Soldiers who served during the occupation of Europe will wear the clasp inscribed "Germany."

13.  The Unit Citation and Campaign Participation Credit Register shows that the 328th Infantry Regiment participated in four campaigns during World War II – Ardennes-Alsace, 16 December 1944 to 25 January 1945; Central Europe,       22 March to 11 May 1945; Northern France, 25 July to 15 September 1944, and Rhineland, 15 September 1944 to 21 March 1945.  That register also indicates that the 328th served as an occupation force in Germany and Austria from 2 May 1945 to 3 September 1945, and that it was awarded the Citation in the Order of the Day of the Belgian Army for its actions from 20 December 1944 to               26 January 1945. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the FSM was awarded Silver Star for gallantry in action and the Bronze Star Medal for heroic achievement   
in connection with military operations against an armed enemy.

2.  The citations showing award of the Silver Star and the Bronze Star Medal for heroism show that the FSM was a combat infantryman with an infantry company; therefore, entitled to award of the Combat Infantryman Badge.  By virtue of this award, he is also entitled to award of the Bronze Star Medal for meritorious service.

3.  The evidence shows that the FSM is entitled to award of the Expert Infantryman Badge.

4.  Despite the absence of the military records of the FSM, the actions displayed by him show that he served his country faithfully and honorably, under extreme duress, and consequently, entitled to award of the Army Good Conduct Medal.   

5.  The evidence shows that the FSM was assigned to the European Theater of Operations at least as early as January 1945.  It is probable that he participated in three of the four campaigns mentioned above, the exception being the campaign in Northern France; therefore, entitled to award of the European-African-Middle Eastern Campaign Medal with three bronze service stars (one for each campaign).   

6.  The evidence shows that the FSM arrived back in the United States in January 1946.  He served as a member of an occupation force in Germany and is entitled to award of the Army of Occupation Medal with Germany clasp.

7.  The 328th was awarded the Citation in the Order of the Day of the Belgian Army for its actions while the FSM was assigned to that organization.  He is entitled to that award. 

8.  The FSM is entitled to award of the World War II Victory Medal and the Honorable Service Lapel Button for World War II.  

9.  The FSM is entitled to posthumous award of the decorations indicated above; unfortunately, no WD AGO Form 53-55 (Honorable Discharge - Enlisted Record and Report of Separation) or comparable record exists.  There is no record to correct.

10.  Consequently, it would be only right and proper to create a record to show that the deceased soldier was entitled to and awarded those decorations, and that record be furnished his next of kin.  Thus, an appropriate certificate should be prepared, identifying the FSM by name and Army service number, reflecting those awards.     

BOARD VOTE:

__RVO__  __MVT __  __LF ___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the Army Review Boards Agency at St. Louis prepare an appropriate certificate identifying the FSM by name and Army service number, showing that he was awarded the Silver Star, the Bronze Star Medal with "V" device, the Bronze Star Medal for meritorious service, the Combat Infantryman Badge, the Expert Infantryman Badge, the Army Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Army of Occupation Medal with Germany clasp, the Citation in the Order of the Day of the Belgian Army, the World War II Victory Medal and the Honorable Service Lapel Button for World War II.  The applicant should be furnished that certificate.  

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2003092176	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040224	
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.	107.00	
2.		
3.		
4.		
5.		
6.