PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2001
         DOCKET NUMBER: AR2001058626


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Mr. Curtis L. Greenway		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) to show that he served in the 9th Infantry Division instead of the 14th Armored Division.

3. The applicant states that he did not serve in the 14th Armored Division Band. He contends that he served in the 9th Infantry Division Band from 1941 at Fort Bragg, North Carolina, until the end of the war in Germany. He states that because some of the soldiers in his unit had sufficient points to go home they were sent to the same loading dock as the 14th Armored Division and redeployed to the United States with that unit. The applicant also states that all of the awards and decorations shown on his WD AGO 53-55 were from the 9th Infantry Division, not the 14th Armored Division.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he was inducted and entered active duty on 17 February 1941. He served in the European-African-Middle Eastern Theater of Operations from 24 December 1942 to 31 August 1945 as a coronet or trumpet player in a military band. The applicant was honorably discharged on 14 September 1945.

5. The applicant’s WD AGO Form 53-55 shows in item 4 (Arm or Service) the entry “ARMD” [armored]. Item 6 (Organization) of his discharge document shows the entry “Band 14th Armored Division”.

6. Item 33 (Decorations and Citations) of the applicant’s WD AGO 53-55 shows an entry for the Good Conduct Medal which is awarded based on “SO#38 Hq 9th Div Arty 43” [Special Order #38 Headquarters 9th Infantry Division Artillery 1943].

7. The residuals of the applicant’s burned records show that he was admitted to a General Hospital on 30 November 1944 and underwent evaluation for a disorder of the feet (pes planus) in December 1944. As a result, he was found unfit for combat duties. This record shows that he was a member of the 9th Infantry Division at the time of the medical evaluation and that he was subsequently returned to his unit of assignment, the 9th Infantry Division, for duty.

8. The Board noted that the applicant completed service in the United States of greater than one year after 7 December 1941 as confirmed by item 36 (Service Outside the Continental U.S. and Return) and item 37 (Continental Service) of the applicant’s WD AGO Form 53-55.

9. The Board also noted that the applicant is entitled to award of the Belgian Fourragere, the Army of Occupation Medal with Germany Clasp, and the World War II Victory Medal which are not shown on his discharge document.
10. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units which served during World War II. This document shows the unit to which the applicant was assigned, the 9th Infantry Division, was cited in the Order of the Day of the Belgian Army for actions from 3 to 13 September 1944 and from 20 December 1944 to 26 January 1945. The 9th Infantry Division was authorized this foreign unit award by War Department General Order 43-50.

11. Department of the Army Pamphlet 672-1 also shows that the 9th Infantry Division received campaign credit for Germany during the period 2 May to 31 October 1945.

12. Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) during World War II. This regulation states the last unit, or similar element, to which an individual was assigned, rather than the element of which he was a part while moving to a separation activity, will be entered in item 6 (Organization) of the WD AGO Form 53-55. The regulation also notes that assignment to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

13. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

14. Army Regulation 600-8-22 provides for award of the Belgian Fourragere. The regulation states that it may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army. The award of the Belgian Fourragere is not automatic but must be by special decree of the Belgian Government. Persons who were present in only one action are not authorized to wear the Fourragere.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany, qualifying service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

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

CONCLUSIONS:

1. Evidence of record shows that the applicant’s unit of assignment during World War II was the 9th Infantry Division. Evidence of record indicates that he moved with the 14th Armored Division to the separation station in the United States. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show in item 4 (Arm or Service) the entry “INF” [Infantry] and in item 6 (Organization) the entry “9th Infantry Division”.

2. Based on his service in the Continental United States during World War II, the applicant is entitled to award of the American Campaign Medal. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this service medal.

3. Department of the Army Pamphlet 672-1 shows that the applicant was a member of the 9th Infantry Division when it was cited for award of the Belgian Fourragere; therefore, he is entitled to correction of his records to show this foreign unit award.

4. Department of the Army Pamphlet 672-1 shows that the unit to which the applicant was assigned from May 1945 to September 1945 received occupation credit for service in Germany. Therefore, the applicant is entitled to the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

5. Based on the applicant’s service in World War II, he is entitled to award of the World War II Victory Medal; therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.

6. 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 showing in item 4 (Arm or Service) of the WD AGO Form 53-55 of the individual concerned the entry “INF”;

         b. by showing in item 6 (Organization) of his WD AGO Form 53-55 the entry “9th Infantry Division”; and

         c. by showing in item 33 (Decorations and Citations) of his WD AGO Form 53-55 award of the American Campaign Medal, the Belgian Fourragere, the Army of Occupation Medal with Germany Clasp, and the World War II Victory Medal.

BOARD VOTE:

__DPH__ ___CLG__ __CLA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Ms. Celia L. Adolphi__
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001058626
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010911
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	100.0000.0000
2.	107.0000.0000
3.
4.
5.
6.