PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                6 July 2000
	DOCKET NUMBER:        AR1999031230

	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. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante		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 53-55 
(Enlisted Record and Report of Separation) to show his last unit of assignment as Company C, 2nd Engineer Combat Battalion, 2nd Infantry Division instead of Company C, 727th Railway Operating Battalion, to show award of the Combat Infantryman Badge and campaign medals for the “Battle of the Bulge”.

3.  The applicant states that he got into a heated discussion with a colonel psychiatrist at an evacuation hospital in England and instead of being “zi’d”
[Return to CONUS (Continental United States)], he was shipped to a limited service harbor craft outfit.  He was later transferred to a railway operating battalion when the harbor craft unit was dissolved.

4.  The applicant’s military records were destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted 21 December 1942 as a demolition specialist (533).  He served in the European-African-Middle Eastern Theater of Operations from 18 October 1943 to 7 September 1945 and was honorably discharged on 21 September 1945.

5.  The applicant’s WD AGO Form 53-55 shows he was awarded the Purple Heart (First Oak Leaf Cluster) and the European-African-Middle Eastern Campaign Medal with three bronze service stars.  His discharge document does not show the Combat Infantryman Badge as an authorized award.

6.  The applicant’s WD AGO Form 53-55 item 6 (Organization) shows his last unit of assignment as Co C 727th Rwy Opn Bn [Company C, 727th Railway Operating Battalion].  The applicant’s Honorable Discharge Certificate, dated 21 September 1945, shows the entry “Company C 727th Railway Operating Battalion”.

7.  There is no indication in the available records that show he was awarded an
infantry military occupational specialty (MOS), that he served in an infantry duty position or that he was awarded the CIB.  Records show the applicant served as a demolition specialist (533) while serving in the European-African-Middle Eastern Theater.

8.  The Board notes that the applicant has requested “campaign medals” for participation in the Battle of the Bulge.  Army Regulation 600-8-22, in pertinent part, authorizes campaign medals for service during World War II.  This regulation provides that the European-African-Middle Eastern Campaign Medal 
was awarded for service in the European Theater and participation in specific campaigns was recognized by award of a bronze service star to be worn on the European-African-Middle Eastern Campaign Medal.  This regulation does not authorize campaign credit or any specific service awards for the Battle of the Bulge.
9.  The applicant provided a copy of an award certificate, which shows that he was awarded the Purple Heart (First Oak Leaf Cluster) for wounds received in action while serving in France on 18 August 1944 and assigned to Company C, 2nd Engineer Battalion.

10.  The Board notes that he is entitled to the Army of Occupation Medal with Germany Clasp, the Belgian Fourragere, the Distinguished Unit Citation, the World War II Victory Medal and the first award of the Good Conduct Medal for the period 21 December 1942 through 21 September 1945 which are not shown on his discharge document.

11.  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, Company C, 2nd Engineer Combat Battalion,
2nd Infantry Division, received occupation credit for Germany for the period 
2 May 1945 to 5 July 1945.

12.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the applicant’s unit was awarded the Belgian Fourragere by Department of the Army General Orders
43-50 for actions during the period 13 December 1944 to 19 December 1944 and from 19 December 1944 to 30 December 1944.

13.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned, the 2nd Infantry Division, received the Distinguished Unit Citation for actions during the period 13 December 1944 to 20 December 1944.  The applicant was a member of the
Company C, 2nd Engineer Combat Battalion of the 2nd Infantry Division during the period for which the 2nd Infantry Division was cited for this unit award by War
Department General Order 12-45.

14.  There is no indication in the available records that show he was awarded the Good Conduct Medal.  There is no evidence of derogatory information contained in the available records.

15.  Based on the regulation in effect at the time, a service member’s unit of assignment at the time of his separation from the service was entered in Item 
6 (Organization) of the WD AGO Form 53-55.  The unit shown in item 6 was not necessarily the same unit with which the applicant served during World War II.  If 

the service member was transferred to a unit at a separation center for the purpose of discharge processing, then the unit shown in item 6 was the unit from which the soldier was separated.  This is an important entry because it assists in locating a soldier’s military records.

16.  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.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert
Infantryman Badge were entitled to expert infantry pay.  Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.  The Awards Branch, Total Army Personnel Command, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
    f.   Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May
1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

18.  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.

19.  Army Regulation 600-8-22 (Military Awards) provides that 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.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  Evidence of record confirms that the applicant was assigned to Company C, 2nd Engineer Combat Battalion, 2nd Infantry Division during his service in the European-African-Middle Eastern Theater.  However, at the time of separation from the Army, his unit was Company C, 727th Railway Operating Battalion as shown on his WD AGO Form 53-55.  Therefore, item 6 (Organization) of his WD AGO Form 53-55 is correct as currently constituted.

2.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge or served in an infantry position in combat while serving in the European-African-Middle Eastern Theater.  Evidence of record shows that the applicant served as a demolition specialist (533) while serving in the European-African-Middle Eastern Theater.  Therefore, he is not eligible for award of the CIB.

3.  The Board noted the applicant’s contention that he was not awarded any medals for the Battle of the Bulge during World War II; however, Army Regulation 600-8-22 does not provide for any specific service awards for the Battle of the Bulge.

4.  The applicant was awarded the Army of Occupation Medal with Germany Clasp, the Belgian Fourragere and the Distinguish Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

5.  Evidence of record shows that the applicant was eligible for award of the World War II Victory Medal and was entitled to the first award of the Good Conduct Medal for the period 21 December 1942 through 21 September 1945 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show these awards.

6.  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 Army
of Occupation Medal with Germany Clasp, the Belgian Fourragere, the Distinguished Unit Citation, the World War II Victory Medal and the first award
of the Good Conduct Medal for the period 21 December 1942 to 21 September 1945.

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

BOARD VOTE

CMF____  EMW____  JPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_CALVIN M. FOWLER______
		        CHAIRPERSON

INDEX

CASE ID	AR1999031230	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19450921	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	DENY/GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46		
2.  157		
3.  		
4.		
5.		
6.