PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 March 2002       
	DOCKET NUMBER:   AR2001065134

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Donald P. Hupman		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) with an effective date of 21 January 1946 to show award of the Expert Infantryman Badge (EIB), the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).   

3.  The applicant states that while serving in Company I, 3rd Battalion, 
175th Infantry Regiment, 29th Division, he was awarded the EIB, CIB and the BSM.  However, these awards are not shown on his discharge document.  In support of his application, he submits a letter of explanation, dated 12 May 2001; a WD AGO Form 53-55 with an effective date of 21 January 1946; a WD AGO Form 53 (Enlisted Record and Report of Separation) with an effective date of 
6 February 1950; and Letter Orders, dated 21 January 1948, for the BSM.  

4.  The applicant’s military records show that he enlisted on 28 November 1942.  He served as a mortar gunner in the European Theater of Operations from 
4 April 1944 through 3 January 1946 and was honorably discharged on 
21 January 1946.  He subsequently served in the Regular Army, the U.S. Army Reserve and retired in the rank of staff sergeant on 30 June 1968 after completing 20 years of active duty. 

5.  The applicant’s WD AGO Form 53-55 with an effective date of 21 January 1946 does not show the EIB, CIB or the BSM as authorized awards.

6.  The applicant’s Service Record shows that he was awarded the EIB which was published by 175th Infantry General Orders Number 9, dated 10 July 1944.  His pay records also show that he received expert infantry pay during World War II.

7.  The applicant’s service personnel records contain a letter, dated 15 October 1947, from the Adjutant General of the Department of the Army, Records Administration Center in St. Louis, Missouri.  This letter indicates that the applicant was awarded the CIB which was published by 175th Infantry General Orders Number 57, dated 30 August 1945.  The effective date for combat infantry pay was 27 July 1944.    

8.  The applicant provided Letter Orders, dated 21 January 1948, which show he was awarded the BSM for exemplary conduct in ground combat against the armed enemy during the Normandy Campaign in the European Theater of Operations. 

9.  Army Regulation 600-8-22 (Military Awards) 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.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the EIB and the CIB during World War II.  Evidence of record also shows that the applicant was awarded the BSM (based on award of the CIB).  Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 with an effective date of 
21 January 1946 to show these awards. 

2.  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 was awarded the Expert Infantryman Badge, the Combat Infantryman Badge and the Bronze Star Medal (based on award of the Combat Infantryman Badge) on his WD AGO Form 53-55 with an effective date of 21 January 1946.

BOARD VOTE:  

FNE____  TBR____  DPH_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2001065134	
SUFFIX		
RECON		
DATE BOARDED	20020305	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0112	
2.	107.0111	
3.	107.0014	
4.		
5.		
6.