PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 October 2001
         DOCKET NUMBER: AR2001059320


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Donald P. Hupman		Member
Ms. Regan K. Smith		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.

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2. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he served in “Company I, 317th Regiment”. He also requests correction of his records to show all to which he is entitled.

3. The applicant states that he served in Company I, 317th Infantry Regiment of the 80th Infantry Division and that half of his awards are not shown on his discharge document. In support of his application, he submits a copy of his
WD AGO Form 53-55, an addendum, a letter from his former company commander, and a copy of letter orders awarding him the Bronze Star Medal.

4. The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he entered active duty on 28 December 1943. He completed training as a truck driver and served in the European-African-Middle Eastern Theater of Operations from 6 July 1944 to 19 January 1946. The applicant was honorably discharged from active duty on 20 February 1946.

5. The applicant’s WD AGO Form 53-55 shows he was assigned to Company I, 318th Regiment, 80th Infantry Division in item 6 (Organization).

6. The records available to the Board show he was assigned to the 317th Infantry Regiment in the European-African-Middle Eastern Theater of Operations.

7. The Board noted that the applicant is entitled to two awards of the Bronze Star Medal, the European-African-Middle Eastern Service Medal with four bronze service stars, two awards of the Distinguished Unit Citation, and the Army of Occupation Medal for Germany which are not shown on his discharge document.

8. The applicant provided a copy of Letter Orders, dated 28 December 1948, which shows he was awarded the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy on 17 September 1944 in the European Theater of Operations.

9. The applicant’s WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge in item 31 (Military Qualification and Date).

10. The applicant’s WD AGO Form 53-55 shows he received credit for participation in the Normandy, Northern France, Rhineland, and Central Europe campaigns in item 32 (Battles and Campaigns).



11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, unit awards authorized for units which served during World War II. This document shows the unit, to which the applicant was assigned, was cited twice for award of the Distinguished Unit Citation for actions during the periods 12 September to 25 September 1944 and 28 March 1945 by War Department General Order 124-45.

12. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the applicant’s unit in the European-African-Middle Eastern Theater of Operations received occupation credit for Germany for the period from 2 May to 3 October 1945.

13. 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.

14. Army Regulation 600-8-22 also 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 available to the Board shows the applicant was assigned to Company I, 318th Infantry Regiment, 80th Infantry Division on the day he was separated from the Army.

2. Evidence of record also shows the applicant was assigned to Company I, 317th Infantry Regiment during World War II. Therefore, he is entitled to correction of his WD AGO Form 53-55, to show he was assigned to “ Company I, 317th Infantry Regiment” in lieu of “Company I, 318th Infantry Regiment”.

3. After his discharge from the Army, the applicant became entitled to an award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II. This is verified in the letter, dated 28 December 1948, from the Adjutant General’s Office. Therefore, the applicant is entitled to award of the Bronze Star Medal and correction of his records to show this award.

4. The applicant’s WD AGO Form 53-55 shows he received credit for participation in four campaigns while assigned in the European-African-Middle Eastern Theater of Operations; therefore, he is entitled to correction of his records to show four bronze service stars to be affixed to his European-African-Middle Eastern Service Medal.

5. Evidence of record shows that the applicant’s unit in the European-African-Middle Eastern Theater of Operations was cited twice for award of the Distinguished Unit Citation; therefore, the applicant is entitled to two awards of the Distinguished Unit Citation and correction of his WD AGO Form 53-55 to show these awards.

6. The applicant’s unit received occupation credit for Germany. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal (Germany).

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

RECOMMENDATION:

1. That all of the Department of the Army records related to the individual concerned be corrected:

a. by deleting the entry “Co I 318th Reg 80th Inf Div” from
item 6 (Organization) of his WD AGO Form 53-55;

b. by adding the entry “Company I, 317th Infantry Regiment, 80th Infantry Division” to item 6 (Organization) of his WD AGO Form 53-55; and

c. by showing he was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the European-African-Middle Eastern Service Medal with four bronze service stars, two awards of the Distinguished Unit Citation, and the Army of Occupation Medal (Germany).


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

BOARD VOTE:

RVO____ DPH_____ RKS____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O’Connor, Jr.
                  CHAIRPERSON

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INDEX

CASE ID	AR2001059320
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011016
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
ISSUES 1.	100.0000
2.	107.0000
3.
4.
5.
6.