PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 28 March 2002
         DOCKET NUMBER: AR2001063063


         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. W. W. Osborn, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Lester Echols		Member
Mr. Thomas Lanyi		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, in effect, that his discharge document be corrected to show all his periods of overseas service and all of his authorized awards.

3. In a letter to a Congressman he states, “I was discharged from hospital because of battle injuries and citations were to be issued later.”

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

5. The available records show he was inducted on 6 July 1944. He served, in the European Theater of Operations as a heavy machine gunner in military occupational specialty (MOS) 605, with G Company, 289^th Infantry Regiment, 75^th Infantry Division. He was seriously wounded in action on 2 February 1945 and hospitalized in France. The applicant was evacuated to the United Kingdom on 3 April 1945 and to the United States on 1 May 1945.

6. On 17 September 1945 he was separated with an honorable discharge on a certificate of disability for discharge from Kennedy General Hospital, Memphis Tennessee. His authorized awards, as listed on his WD AGO Form 53-55 (discharge document), included the European-African-Middle Eastern Campaign Medal with one “Bronze Battle Star”, the Purple Heart and the Marksman Qualification Badge with Rifle Bar. Block 32 (Battles and Campaigns) of the Form 53-55 credits him with the “Germany Campaign.”

7. Block 36 (Service Outside Continental U.S. and Return) of the applicant’s Form 53-55 shows that he departed the United States on 12 December 1944 and arrived in England on 20 December 1944. He moved to France on 23 December 1944. He is also shown in Belgium on unspecified days in December 1944. He is listed as departing Europe on 30 April 1945 and arriving in the United States on 15 May 1945.

8. A typewritten document, that appears to be the answers to a questionnaire form that summarizes the applicant’s service and hospitalization, is attached to a document entitled “Information for Persons Being Discharged Or Released From Active Service.” This form lists veterans’ service organizations that will help with applications to the Veterans Administration. The questionnaire form shows that the applicant was hospitalized at a field hospital, an evacuation hospital and a general hospital in France, that he arrived at a general hospital in England on 3 April 1945 and at Station Hospital, Camp Shanks, New York on 15 May 1945.

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9. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The Combat Infantryman Badge was awarded for exemplary
conduct in action against the enemy. War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay. Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award. The Awards Branch, Total Army Personnel Command, has
advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

        a. Light machine gunner (604)
        b. Heavy machine gunner (605)
        c. Platoon sergeant (651)
        d. Squad leader (653)
        e. Rifleman (745)
        f. Automatic rifleman (746)
        g. Heavy weapons NCO (812)
        h. Gun crewman (864)

10. Army Regulation 600-8-22 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.

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11. The regulation also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

12. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

13. Department of the Army Pamphlet (DA Pam) 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961 shows that, during the period between December 1944 and February 1945, the 289^th Infantry Regiment was authorized credit for the Ardennes-Alsace and Rhineland campaigns.

14. 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. The applicant distinguished himself by his exemplary service, as evidenced by his sustaining a disabling wound while serving in combat as an infantryman in an infantry company. He should be awarded the Combat Infantryman Badge and the Bronze Star Medal based upon the Combat Infantryman Badge.

2. In the absence of evidence of any misconduct, the board also concludes that he distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service and should be awarded the Good Conduct Medal.

3. He served in the Ardennes-Alsace and Rhineland campaigns and his discharge document should be corrected to reflect these two campaigns and his authorization to two bronze service stars for wear on the European-African-Middle Eastern Campaign Medal.

4. The applicant is also authorized the World War II Victory Medal.

5. Failure to show all of the applicant’s awards on his discharge is an injustice.

6. Block 36 of the WG AGO 53-55 is in error and should be corrected to show that the applicant departed for and arrived in France in January 1945, and departed for England on 3 April 1945.

7. In view of the foregoing, correcting the applicant’s records as recommended below will correct errors and rectify an injustice.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by amending the WD AGO Form 53-55 of the individual concerned by:

         a. adding “Combat Infantryman Badge 2 February 1945” to Block 31 Military Qualification and Date;

b. deleting “Germany Campaign” in Block 32 and inserting “Ardennes-Alsace and Rhineland;”

c. deleting the “One Bronze Battle Star” from Block 33 and adding “two bronze service stars; Bronze Star Medal; Good Conduct Medal; World War II Victory Medal;” and;

d. adding in Block 36 “Jan /45 France Apr 3/45
Apr 3/45 England Apr 3/45”

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

BOARD VOTE:

_FNE ___ _LE____ _TL ____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _Fred N. Eichorn__________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001063063
SUFFIX
RECON
DATE BOARDED	20020328
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.