PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:             27 September 2001                 
	DOCKET NUMBER:    AR2001058279

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Eric N. Anderson		Member	
	Mr. Thomas E. O'Shaughnessy, 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 to show his Honorable Discharge Certificate show ‘63RD INFANTRY DIVISION, HEADQUARTERS COMPANY, 255th INFANTRY” (a unit he served with in combat), that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) show he attended a Radio Operator Course (a Coast Artillery Command Training Center Diploma is enclosed).  Additionally, he provided a copy of his Honorable Discharge Certificate, a general order awarding the Combat Infantryman Badge (CIB), a “V-Mail” letter to his parents and an unidentified roster.  The applicant had previously requested and been denied award of the Bronze Star Medal (BSM) and Combat Infantryman Badge (CIB) based on insufficient evidence.

3.  The applicant states that he attended the school and served in the 255th Infantry, 63rd Infantry Division during World War II.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

5.  On 14 October 1942, the applicant was inducted into the Army of the United States and entered active duty on 28 October 1942.

6.  During the period 29 November 1943 to 5 February 1944, the applicant satisfactorily completed the Radio Code Course of the Coast Artillery Command Training Center, which qualified him for military occupational specialty 776 (Radio Operator).

7.  During the period 8 December 1944 to 2 August 1945, he served in the European Theater of Operations.

8.  On 9 January 1945, 255th Infantry General Orders Number 1 announced the award of the CIB to the applicant, a member of Headquarters Company (HHC).

9.  On 18 October 1945, the applicant was honorably separated under Army Regulation 615-365, completion of required service.  His WD AGO Form 53-55 indicates he had 2 years, 11 months and 21 days of creditable service.  He was entitled to award of the Good Conduct Medal, the American Theater Ribbon and the European-African-Middle Eastern Theater Ribbon with 2 bronze service stars for the Rhineland and Central Europe campaigns. 

10.  Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms) indicates, in pertinent part, that “item 6 (Organization), WD AGO Form 53-55 will be the last unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.  Assignments to unit for purpose of transfer from theater to the United States are considered part of the movement to a separation activity”.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

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

CONCLUSIONS:

1.  The evidence of record shows the applicant served in Headquarters Company, 255th Infantry, 63rd Infantry Division and his records should be corrected accordingly.

2.  The evidence shows the applicant satisfactorily completed a Radio Operator Course during the period 29 November 1943 to 5 February 1944 and his records should be corrected accordingly.

3.  The evidence of record shows the applicant was awarded the CIB on             9 January 1945 and his records should be corrected accordingly.

4.  The evidence of record shows the applicant was entitled to award of the WWIIVM and his records should be corrected accordingly.

5.  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:

	a.  served in HHC, 255th Infantry, 63rd Infantry Division (item 6 (Organization)), WD AGO Form 53-55);

	b.  completed a Radio Operator Course on 5 February 1944 (item 41 (Service Schools Attended), WD AGO Form 53-55);

	c.  was awarded the CIB on 9 January 1945 while serving in HHC, 255th Infantry;

	d.  was awarded the BSM, based on award of the CIB; and

	e.  was awarded the WWIIVM, based on his service.

BOARD VOTE:  

_rvo______ _teo_____ _ena___ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		   Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001058279	
SUFFIX		
RECON		
DATE BOARDED	20010927	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100	
2.		
3.		
4.		
5.		
6.