PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            29 July 1999                   
	DOCKET NUMBER:   AR1999015624

	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. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loundermon		Chairperson	
	Ms. Shirley L. Powell 		Member	
	Mr. Curtis L. Greenway 		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 WD AGO 53-55, Honorable Discharge, dated 7 December 1946, be corrected to show; his World War II combat service in Italy and Germany; all medals and battle stars earned; and that the reason and authority for separation be changed from AR 615-369, inaptitude or unsuitability, to a medical discharge.

3.  The applicant states that he was inducted on 4 July 1944 and served with the 45th Division in Italy and Germany; that he earned two “battle medals,” but neither appears on his discharge certificate; that he was discharged on 19 November 1945 in order to reenlist for 3 years; that he was finally discharged on 7 December 1946 while in the hospital at Fort Polk, Louisiana, and should have received a medical discharge.  In support, he provides a self-authored letter, a copy of his WD AGO-53-55, and a copy of his WD AGO 100, Separation Qualification Record.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records and shows that he was inducted into the Army of the United States on 4 July 1944.  He was separated at Fort Polk, Louisiana, on 7 December 1946 by reason of inaptitude or unsuitability under the provisions of AR 615-369.  At a hearing before a board of officers on 19 November 1946, it was determined that the applicant was unsuitable because of frequent bouts of drinking and fighting and inability to adapt, adjust and conform.  At the time of his hearing, he was recovering from a broken right arm incurred as the result of a bar fight in Leesville, Louisiana.  On 21 November 1946, medical authorities at Fort Polk determined that his broken right arm would not result in any form of permanent disability.

5.  The applicant’s WD AGO 53-55 indicates 2 years, 3 months, and 15 days of active Federal service broken down into 1 year, 3 months, and 12 days of service in the United States and 1 year and 3 days of prior service.  The form does not specifically credit the applicant with overseas service, although he is awarded the Combat Infantryman Badge.

6.  Army Regulation 615-369, in effect at the time, set forth the basic authority for the separation of enlisted personnel for reasons of inaptitude or unsuitability.  The regulation provided, in pertinent part, that members who demonstrated inaptitude or unsuitability (lack of physical stamina, character or behavior disorders, mental deficiency, apathy, or disruptive reactions to stress) were subject to separation.  A general discharge was normally issued.

7.  Army Regulation 600-8-22 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.

CONCLUSIONS:

1.  Although it is known that the applicant had 1 year and 3 days of overseas service and that he was awarded the Combat Infantryman Badge, there is insufficient data in his records to determine where he served and in which campaigns he may have participated.

2.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The applicant was separated for unsuitability as a result of numerous disciplinary incidents culminating with his suffering a broken right arm in a bar fight.  He was not determined to be suffering from any physical disability at the time of his separation and is not entitled to a disability separation.

3.  The applicant is entitled to the Bronze Star Medal (BSM) for meritorious achievement.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding to the individual concerned the Bronze Star Medal for meritorious achievement based upon his previous award of the Combat Infantryman Badge.

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

BOARD VOTE:  

_CHL ___  _SLP ___  _CLG___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Charles H. Loundermon__
		        CHAIRPERSON

INDEX

CASE ID	AR1999015624	
SUFFIX		
RECON		
DATE BOARDED	19990729	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0014	
2.	108.0000	
3.		
4.		
5.		
6.