PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           10 JULY 2003                   
	DOCKET NUMBER:   AR2003086870

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Larry C. Bergquist		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 records be corrected to reflect all awards and decorations he is entitled to based on his World War II service between 19 April 1943 and 1 July 1945.  He specifically notes that he should be entitled to the World War II Victory Medal, the American Campaign Medal, Army of Occupation Medal, Army Service Ribbon, Army Overseas Service Ribbon, Presidential Unit Citation for Normandy, and a Meritorious Unit Commendation for France and Southern European battles.  In support of his request he submits a copy of his October 1945 separation document and a copy of a May 1945 commendation to "the officers and men" of the 95th Infantry Division for the successful reduction of the "Ruhr Pocket."

3.  The applicant's military records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center in St. Louis.  Information contained herein was reconstructed entirely from information contained on the applicant's separation document.

4.  He entered active duty on 19 April 1943 and arrived overseas in April 1944.  While overseas he was assigned to the 379th Infantry of the 95th Infantry Division and was awarded the Combat Infantryman Badge.  He returned to the United States in July 1945 and on 11 October 1945 was discharged as a result of demobilization.

5.  In addition to the Combat Infantryman Badge, the applicant's separation document notes that the applicant participated in four designated campaign periods, and was awarded the European-African-Middle Eastern Theater Ribbon, which is recorded as the "ETO Ribbon" on his separation document.  The separation document also notes that the applicant served within the continental United States for approximately 14 months.

6.  A review of Department of the Army Pamphlet 672-1 indicates that the applicant's unit (379th Infantry, 95th Infantry Division) was awarded an Army of Occupation Medal with “Germany” clasp while the applicant was a member of the organization.  However, although the unit did participate in 4 designated campaign periods, the unit was never awarded either the Presidential Unit Citation, formerly known as the Distinguished Unit Citation, or a Meritorious Unit Commendation.

7.  The May 1945 commendation memorandum, submitted by the applicant in support of his request, was authenticated by the commanding general of the 9th United States Army, and addressed to the commanding general of the 95th Infantry Division.  While the memorandum commended the officers and men of the 95th Infantry Division, it did not specifically cite any particular individual and there is no indication in the memorandum that it was intended to serve as a recommendation for any unit decorations.

8.  Army Regulation 600-8-22 notes that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946 and the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the Continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge or the Combat Medical Badge for service during World War II.  Awards of the Bronze Star Medal, based on award of the Combat Infantryman Badge, are commonly referred as conversion awards.

10.  The Overseas Service Ribbon and Army Service Ribbon were established in 1981.  The Overseas Service Ribbon was awarded to members of the United States Army for successful completion of overseas tours, while the Army Service Ribbon was awarded for successful completion of initial entry training.  Retroactive award of these decorations was limited to personnel who had an Active Army status on or after 1 August 1981.

CONCLUSIONS:

1.  The evidence confirms that the applicant is entitled to the World War II Victory Medal, the American Campaign Medal, and the Army of Occupation Medal with “Germany” clasp.  His records should be corrected accordingly.

2.  The applicant is also entitled to an award of the Bronze Star Medal, as a conversion award, based on his Combat Infantryman Badge.

3.  Although the applicant’s unit may have received a commendation from the commanding general of the 9th United States Army, in the form of correspondence recognizing the unit’s participation in a specific action, there is no evidence the unit was awarded any unit decorations during World War II.

4.  Because the applicant did not have an Active Army status on, or after, 
1 August 1981 he is not entitled to either the Overseas Service Ribbon or the Army Service Ribbon.

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:

	a.  by awarding the individual concerned the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge; and

	b.  by showing that he is entitled to the World War II Victory Medal, the American Campaign Medal, and an Army of Occupation Medal with “Germany” clasp. 

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

BOARD VOTE:  

__RWA__  __BJE __  __LCB __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Roger W. Able_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003086870	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030710	
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.