PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           24 April 2003 
	DOCKET NUMBER:  AR2003083440

	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:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Ms. Terry L. Placek		Member	
	Mr. Robert Duecaster		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 separation document 
(WD AGO Form 53-55) be corrected to reflect the proper unit of assignment.  

3.  The applicant states, in effect, that Item 6 (Organization) of his separation document should show that he served in the 311th Infantry Regiment of the 
78th Division.  In support of his application, he submits a copy of WD AGO Form 53-55 and a Separation Qualification Record (WD AGO Form 100).

4.  The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55 and reconstructed records.

5.  The applicant’s WD AGO Form 53-77 shows he enlisted in the Army on 
19 November 1945 and served on active duty until 16 February 1947, at which time he was honorably discharged in the rank of private first class (PFC).

6.  The separation document issued to the applicant upon his discharge indicates in Item 6 (Organization) that his unit at the time of his separation was Headquarters Company, 3rd Battalion, 29th Infantry.  

7.  The WD AGO Form 53-55 also shows that he arrived in the European Theater of Operations (ETO) on 29 January 1946 and served there until his return to the United States on 9 November 1946. In addition, it indicates that he was awarded the Army of Occupational Medal (Germany) and the World War II Victory Medal.

8.  The evidence of record contained a Clinical Record Brief (DA Form 55A) and a medical treatment record (WD Form 52b).  These forms show that the applicant received medical treatment in the ETO while assigned to the 3rd Battalion, 
311th Infantry Regiment.  

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service.  There is no automatic entitlement to the AGCM; however, disqualification must be justified.

11.  Paragraph 5-12 contains guidance on the European-African-Middle Eastern (EAME) Campaign Medal for qualifying service in the ETO for the period 
7 December 1941 to 8 November 1945.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO.

12.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, foreign unit awards, occupation credit and unit citation badges awarded during World War II.  It contains a by unit listing that confirms what credit and awards every unit received during its World War II service.  This publication confirms that 311th Infantry Regiment was a unit in the 78th Infantry Division, and that it participated in the following three campaigns of World War II:  Southern Philippines; 
Ardennes-Alsace; and Rhineland.  

CONCLUSIONS:

1.  The Board finds the evidence of record confirms that the applicant was assigned to the 3rd Battalion, 311th Infantry Regiment during the majority of his service in the ETO.  In addition, Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) shows that the 
311th Infantry Regiment was a unit of the 78th Infantry Division.  Therefore, the Board concludes that it would be appropriate to correct Item 6 (Organization) of the applicant’s WD AGO Form 53-55 to reflect this unit.  

2.  Lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his active duty unit commanders, the Board concludes that the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM.  In addition, the Board finds that his service in the ETO and his participation in three campaigns entitles him to 3 bronze service stars with his EAME campaign medal. Therefore, the Board finds that it would be appropriate to add these awards to his records at this time.

3.  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 amending Item 6 (Organization) of the WD AGO 53-55 of the individual concerned to read 3rd Battalion, 311th Infantry Regiment, 78th Infantry Division; by showing he earned the Army Good Conduct Medal and 3 bronze service stars with his European-African-Middle Eastern Service Medal; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:  

___tlp___  ___rvo __  __rld____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2003083440	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 1021	 100.0000	
2.		
3.		
4.		
5.		
6.