ABCMR Proceedings (cont)                                                        AR2002081042

PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            17 JUNE 2003                  
	DOCKET NUMBER:   AR2002081042

	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. Deborah L. Brantley | | Senior Analyst

  The following members, a quorum, were present:

| Mr. Fred N. Eichorn | | Chairperson
| Mr. Hubert O. Fry | | Member
| Ms. Marla J. Troup | | 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 1945 separation document be corrected to reflect award of the Bronze Star Medal.  In an earlier letter, the applicant indicated that he was recommended for a Bronze Star Medal for meritorious service for the period 17 January 1943 to 9 May 1945 while assigned to the 813^th T.D. (Tank Destroyer) Battalion which was attached to the 79^th Infantry Division.  He stated that he departed the organization in July 1945 and never received any information concerning the award recommendation.  He stated that in "the last few years" a combat history of the 79^th Infantry Division was published and he found his name among a list of individuals who had been awarded the Bronze Star Medal.  In support of his request he submits an extract from the history publication.

3.  The applicant's World War II service records were not available to the Board however, information contained in records which were established and maintained while he was a member of the Army National Guard, indicated that he initially enlisted in September 1940 and entered active duty on 27 January 1941.

4.  The applicant arrived in the European-African-Middle Eastern Theater of Operations in August 1942 and in September 1943 was awarded the Army Good Conduct Medal by Headquarters, 813^th Tank Destroyer Battalion.

5.  Records available to the Board do contain an unsigned award recommendation dated 19 May 1945, which was provided by the applicant with his 1990 request for information concerning the award.  The recommendation, which contains the signature block of the Company C, 813^th T.D. Battalion commander notes that the applicant was a motor sergeant and that he was recommending the applicant for award of the Bronze Star Medal based on his personal knowledge of the applicant's "meritorious service while on duty with the organization during the North African Campaign 17 Jan. 1943 to 9 May 1943 and from 1 July 1944 to 9 May 1945."  The commander noted that the applicant "often worked night and day under artillery and small arms fire and adverse weather conditions, repairing, retrieving, maintainancing [sic] and keeping our Destroyers in the very best of fighting condition."  There was no indication in available records of the final disposition of the recommendation and a review of the historical files of Company C, 813^th Tank Destroyer Battalion, maintained at the National Archives in College Park, Maryland, failed to produce evidence the applicant had been awarded the decoration.

6.  The applicant returned to the United States in July 1945 and on 31 July 1945 he was honorably discharged as a result of demobilization in the grade of Tech Sergeant.  His separation document does not reflect award of the Bronze Star Medal.  It does, however, confirm participation in the Tunisian Campaign (November 1942 – 13 May 1943).

7.  Following the applicant’s separation from active duty he returned to military service with the Army National Guard and was discharged from the Army National Guard in August 1978 and transferred to the Retired Reserve.  None of his National Guard records indicate he was ever awarded the Bronze Star Medal as a result of his service during World War II.

8.  The extract from the "Combat History of the 79^th Infantry Division June 1942-December 1945," submitted in support of the applicant’s application contains an alphabetical listing of individuals awarded the Bronze Star Medal and page 180 of that book reflects the applicant's name.  Information obtained from the Center for Military History notes that the 200 page 79^th Infantry Division publication was authored by members of the organization and published as an official United States Army Division History by the Army & Navy Publishing Company in 1946.  Battery Press republished the book in 1999.  Additional information, obtained from the Center for Military History confirms that the 813^th Tank Destroyer Battalion actively participated while "enemy units were surrendering rapidly in the whole northern Tunisian area" and that on 9 May 1943 moved "to clean out positions to the north."  The unit was credited with participating in the Tunisian Campaign.

9.  Army Regulation 600-8-22 states that the Bronze Star Medal was established by executive order in February 1944 and may be awarded for meritorious service, achievement, or heroism in connection with military operations against an armed enemy.

10.  Army Regulation 600-8-22 also states that the World War II Victory Medal, established on 6 July 1945, is awarded for service between 7 December 1941 and 31 December 1946.  

11.  A review of Department of the Army Pamphlet 672-1 notes that the applicant's unit was awarded the French Croix de Guerre and the Army of Occupation Medal with “Germany” clasp.

CONCLUSIONS:

1.  Although attempts to locate an order confirming award of the Bronze Star Medal to the applicant were not successful, the Board is satisfied, based on the information contained in documents available to the Board, that the applicant was recommended for and ultimately awarded the Bronze Star Medal.  The information contained in the 1945 recommendation is consistent with information obtained from the Center for Military History regarding the location and actions of the applicant's unit during the period for which he was recommended for the award, as well as the information contained in the 79^th Infantry Division publication, which is accepted by the Center for Military History as an official United States Army Division History.  The Board concludes that it would be appropriate, and in the interest of justice and equity to correct the applicant's records accordingly. 

2.  The Board also notes that the applicant is entitled to the World War II Victory Medal, a French Croix de Guerre, and the Army of Occupation Medal with “Germany” clasp.  His records should be corrected to reflect those decorations.

3.  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:

a.  by confirming the applicants award of the Bronze Star Medal; and

b.  by showing that he is entitled to the World War II Victory Medal, a French Croix de Guerre, and the Army of Occupation Medal with “Germany” clasp.

BOARD VOTE:  

__FNE __  __HOF__  __MJT___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID | AR2002081042
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 20030617
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. |