PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 August 2000                  
	DOCKET NUMBER:    AR1999034435

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Ernest W. Lutz, Jr.		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 records be corrected by awarding him the Bronze Star Medal and correcting his foreign service period.

3.  The applicant states that the foreign service period on his Enlisted Record and Report of Separation, Honorable Discharge (WD AGO Form 53-55) should read 1 year, 3 months and 5 days based on foreign service dates of 23 September 1944 – 8 May 1945 and 28 January 1946 – 8 February 1946.  Further, he should be awarded the Bronze Star Medal as he served as a combat infantryman during World War (WW) II.

4.  In support of his request, he has provided a WD AGO Form 53-55, a newspaper article which mentions him as participating in a special operation, and a European Theater of Operations U.S. Army Certificate of Merit showing him as the recipient.

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 indicates he was inducted on 7 November 1942, and served as a member of the 405th Infantry in the European Theater of Operations from 12 September 1944 – 8 February 1945 or 4 months, 26 days.  The awards reflected are the Combat Infantryman Badge, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal and the WWII Victory Medal.

7.  A European Theater of Operations U.S. Army Certificate of Merit, given to the applicant for service with the 405th Infantry, 102nd Division shows he served with the unit from 23 September 1944 to 8 May 1945.

8.  A newspaper article dated 29 September 1945 recounts a raid against German Forces by the 405th Infantry and mentions the applicant by name.

9.  Army Regulation 600-8-22, Military Awards, provides that subsequent to the cessation of hostilities during WWII, 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 Combat Infantryman Badge or the Combat Medical Badge for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.

CONCLUSIONS:

1.  Based on award of the Combat Infantryman Badge during WWll, the applicant is entitled to award of the Bronze Star Medal.  Therefore, he is entitled to correction of his records to show this award.

2.  The applicant’s WD AGO Form 53-55 reflects that he served with the 405th Infantry, and the Certificate of Merit indicates he was in Germany with the 405th until 8 May 1945.  The newspaper article does not establish when the military action involving the applicant took place.  No evidence or information was submitted that reflects the applicant’s foreign service status beyond 8 May 1945. Therefore, the Board will not change the foreign service period beyond 8 May 1945.

3.  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 the Bronze Star Medal;

b.  correcting item 36 of his WD AGO Form 53-55 to show that his final date of arrival in the USA as 8 May 1945;

c.  correcting item 37 of his WD AGO Form 53-55 to show his continental Service as 2 years, 6 months, 19 days and his foreign service as 7 months, 26 days; and

d.  issuing to him a correction to his WD AGO Form 53-55 reflecting the above mentioned changes.

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

BOARD VOTE:  

__dsj____  ___kak__  ___ewl__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Deborah S. Jacobs_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999034435	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000801	
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.