PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:             13 April 2000                 
	DOCKET NUMBER:     AR1999031790

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Ms. Sherri V. Ward		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 that his WD AGO Form 53-55, Enlisted Record and Report of Separation, be corrected to show his correct military occupational specialty (MOS), that he is entitled to the Combat Infantryman Badge (CIB) and all of the awards and marksmanship badges to which he is entitled.

3.  The applicant states that his military occupational specialty (MOS) in block 30 of WD AGO Form 53-55 should be changed from Hospital Orderly – 659 to rifleman which is what he was throughout his service, that he is entitled to the CIB as a result of having been an infantryman and that he be given credit for qualification in the following arms in block 31: the M1 carbine, the .30 caliber machine gun, the Browning automatic rifle, the M3 sub-machinegun and the Thompson sub-machine gun.

4.  In support of his request, he has provided a copy of his WD AGO Form 53-55 and a copy of his Honorable Discharge Certificate.

5.  The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from documents provided by the applicant.

6.  His WD AGO Form 53-55 shows that he received the following awards: the European-African-Middle Eastern Campaign Medal with 1 bronze service star, the Good Conduct Medal, the Purple Heart and the Honorable Service Lapel Button.  Block 31 (military qualification and date) shows that he was awarded the Marksmanship Badge with M1 rifle bar.  On 7 June 1999 the Army Reserve Personnel Command made an administrative determination that he was also entitled to the World War II Victory Medal.  All of the foregoing awards were issued to him at that time.

7.  The available records show that the applicant was inducted on 3 May 1943 and his branch of service was infantry.  He served in the European Theater of Operations with the 398th Infantry Regiment, 100th Infantry Division from              12 October 1944 until his wounding on 5 December 1944.  He was evacuated and eventually honorably discharged with a Certificate of Disability Discharge on 21 June 1945 in the grade of private.

8.  Block 30 (MOS) shows his MOS as 659 – Hospital Orderly.

9.  Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty and must perform primary duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

10.  Subsequent to the cessation of hostilities during World War II, the regulation governing the award of the Bronze Star Medal was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the CIB or the Combat Medical Badge for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.

11.  The awards regulation also authorized the American Campaign Medal to be awarded for service in the American Theater between 7 December 1941 and      2 March 1946.

CONCLUSIONS:

1.  The MOS number – 659 – listed in block 30 of his WD AGO Form 53-55 is inconsistent with the title for that job.  According to the numerical listing of MOSs for enlisted personnel (World War II), MOS 659 refers to a technical instructor, MOS 695 is an orderly.  Nonetheless, it would appear that neither of these MOSs correctly portray the applicant’s status during his service.  He appears to have been an infantryman, as shown by his branch designation in the arm of service block.  Considering also that he was assigned to an infantry unit and was wounded in combat and was awarded the Purple Heart, it appears that MOS – 745 – rifleman should have been his MOS of record.  It would therefore, be appropriate to show MOS 745 in Block 30 of his WD AGO Form 53-55.

2.  Likewise, in view of his assignment to an infantry unit and his wounding in combat he should be entitled to the CIB.  And, in accordance with the regulatory guidance concerning award of the CIB during World War II, he is also entitled to the Bronze Star Medal.  Based on his period of service, he is also entitled to the American Campaign Medal.  (The World War II Victory Medal, which was previously issued by the AR-PERSCOM but not reflected in a correction to his records should be added to this correction for completeness of his awards listing.)

3.  Unfortunately, he has provided no evidence and there are no official records available to show that he is entitled to any of the qualifications in arms badges he is seeking.  Therefore, no change to block 31 of the WD AGO Form 53-55 is warranted.

4.  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 by:

	a.  showing that the individual concerned was awarded MOS 745 rifleman;

	b.  showing that he was awarded the Combat Infantryman Badge, the Bronze Star Medal and the American Campaign Medal and the World War II Victory Medal; and

	c.  issuing to him a correction to WD AGO Form 53-55 reflecting the aforementioned changes.

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

BOARD VOTE:  

__fne____  ___cla__  _svw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Fred N. Eichorn________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031790	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000413	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  100.05		
2.   107.00		
3.		
4.		
5.		
6.