PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 April 2003     
	DOCKET NUMBER:   AR2003083436

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. Ronald J. Weaver		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 a 1945 commendation for meritorious service be converted to an award of the Army Commendation Medal.  

3.  The applicant states that he was at the Battle of the Bulge and he will always be proud of that.  He also contends that he received a commendation for meritorious service during the Battle of the Bulge and that the wording "meritorious service" may warrant an award of the Army Commendation Medal.  In support of his application, he submits a letter of commendation, dated 9 May 1945 and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).   

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant was inducted on 
5 November 1942.  He served as a medical technician in the European Theater of Operations from 27 March 1944 through 25 November 1945 and was honorably discharged on 7 December 1945.

5.  The applicant's WD AGO Form 53-55, which was authenticated in his own hand, does not show the Army Commendation Medal as an authorized award.

6.  There are no orders for the Army Commendation Medal in the available records.

7.  The applicant provided a commendation, dated 9 May 1945, for meritorious service during the period 16 December 1944 to 2 January 1945.  The Battalion Commander of the 863d Antiaircraft Artillery Automatic Weapons Battalion, a lieutenant colonel, signed this commendation.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned, the 863d Antiaircraft Artillery Automatic Weapons Battalion, received the Distinguished Unit Citation for actions during the period 16-23 December 1944 by War Department General Orders 34-45.  This award is not shown on his WD AGO Form 53-55.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, occupation credit during World War II.  This document shows the unit to which the applicant was assigned, the 863d Antiaircraft Artillery Automatic Weapons Battalion, received occupation credit for Germany for the period from 20 May 1945 to 31 October 1945.  The Army of Occupation Medal with Germany Clasp is not shown on his WD AGO Form 53-55.
10.  The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award.  His WD AGO Form 53-55 shows he participated in five battles and campaigns during World War II.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 
6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  The regulation also states that the 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.  
  
12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  The regulation provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1.  The Board reviewed the 1945 commendation for meritorious service signed by a lieutenant colonel.  However, the governing regulation states that the 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.  Therefore, there is no basis for converting the commendation to an award of the Army Commendation Medal. 

2.  The applicant's unit received the Distinguished Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show this unit award.

3.  While the applicant was assigned to the 863d Antiaircraft Artillery Automatic Weapons Battalion the unit received occupation credit for Germany.  Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

4.  The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award.  His WD AGO 53-55 also shows that he participated in five battles and campaigns during World War II.  Therefore, the applicant is entitled to one silver service star to be affixed to his European-African-Middle Eastern Campaign Medal.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only 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 Distinguished Unit Citation, the Army of Occupation Medal with Germany Clasp and the European-African-Middle Eastern Campaign Medal with one silver service star.

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

BOARD VOTE:  

WTM___  HBO____  RJW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Walter T. Morrison________
		        CHAIRPERSON

INDEX

CASE ID	AR2003083436	
SUFFIX		
RECON		
DATE BOARDED	20030417	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0000	
3.		
4.		
5.		
6.