PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 24 May 2000
	DOCKET NUMBER:         AR1999031081

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Meta Walker		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, correction of his WD AGO Form 55 (Enlisted Record and Honorable Discharge) to show that he was awarded the Bronze Star Medal, the American Campaign Medal and the World War II Victory Medal.

3.  The applicant states that he was not issued the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal or the Combat Infantryman Badge.  In support of his application he submits a copy of his WD AGO Form 55, a certificate from Headquarters, 4820th Unit, Eighth Service Command, copy of Headquarters, 36th Infantry Division General Order 104, dated 23 April 1944, and a copy of his award citation for the Bronze Star Medal. 

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 11 September 1940 as a dental technician.  He served in the European-African-Middle Eastern Theater of Operations from 13 April 1943 to 17 August 1944 
and was honorably discharged on 25 October 1944.

5.  The applicant’s WD AGO Form 55 shows that he was awarded the Combat Infantryman Badge, the European-African-Middle Eastern Theater Campaign Medal with one bronze service star, the Good Conduct Medal and the American Defense Service Medal.  His discharge document does not show the Bronze Star Medal, the American Campaign Medal or the World War II Victory Medal.

6.  Headquarters, 36th Infantry Division General Order Number 104, dated 23 April 1944, awarded the applicant the Bronze Star Medal for gallantry in action on 21 November 1943, in Italy.  This award is now known as the Bronze Star Medal with “V” Device.

7.  The Board notes the applicant was awarded the Combat Infantryman Badge during World War II.  However, there is no evidence he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This 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 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 

10.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal 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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Bronze Star Medal with “V” Device for gallantry in action on 21 November 1943, in Italy.  He is also entitled to the award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal with “V” Device (First Oak Leaf Cluster).

2.  Evidence of record shows that the applicant was eligible for award of the American Campaign Medal and the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show these awards.

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 by showing that the individual concerned was awarded the Bronze Star Medal with “V” Device (First Oak Leaf Cluster), the American Campaign Medal and the World War II Victory Medal.

BOARD VOTE:  

JNS_____  MDM___  MW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____JOHN N. SLONE_________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031081	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000524	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19441025	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60		
2.  112		
3.  109		
4.		
5.		
6.