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Decision Text

ARMY | BCMR | CY2001 | 2001064875C070421
Original file (2001064875C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 April 2002
         DOCKET NUMBER: AR2001064875


         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Curtis L. Greenway 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.


2. The applicant requests that his Report of Separation, WD AGO Form 53-55, be amended to show his complete unit designation and, in effect, the Bronze Star Medal.

3. The applicant states that he was assigned to Headquarters Company, 3d Battalion, 8th Infantry Regiment, 4th Infantry Division. His WD AGO Form 53-55 shows only that he was assigned to the 8th Infantry Regiment. The 4th Infantry Division was awarded the Bronze Star Medal but because his WD AGO Form 53-55 does not show he was assigned to the 4th Infantry Division he cannot receive the medal. He provides extracts from two 4th Infantry Division books, 4th Infantry “Ivy” Division, Steadfast and Loyal and 4th Infantry Division, 8th Infantry Regiment, as supporting evidence.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

5. The applicant was inducted and entered active service on 14 November 1941. He departed the continental United States on 18 January 1944 and arrived in the European Theater of Operations on 29 January 1944. He departed the theater on 16 February 1945 after having served in the Normandy, Northern France, and Rhineland campaigns. He arrived in the continental United States on 12 March 1945 and was separated with a certificate of disability on 27 July 1945. Item 6 of his WD AGO Form 53-55 shows his organization as the 8th Infantry Regiment. Items 33 and 39 show he was awarded the European-African-Middle Eastern (EAME) Campaign Medal with 3 bronze service stars, the American Defense Service Medal, and the World War II Victory Medal. Items 31 and 55 show he was awarded the Rifle M-1 Sharpshooter Badge, the Lapel Button, the Marksman Badge with Carbine Bar and the Rifle 03 Marksman Badge.

6. On 7 February 1991, the U. S. Army Reserve Personnel Center authorized issuance of the Army Good Conduct Medal, the Presidential Unit Citation, the American Defense Service Medal, the American Campaign Medal, the EAME Campaign Medal with 3 bronze service stars and one arrowhead, the World War II Victory Medal, the Army of Occupation Medal with Germany Clasp, the Sharpshooter Badge with Rifle Bar and the Marksman Badge with Carbine Bar to the applicant.

7. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is a personal decoration awarded to individuals in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. It provides for award of the Army of Occupation Medal with Germany clasp for service in Germany between 9 May 1945 and 5 May 1955.
8. Department of the Army Pamphlet 672-1 verifies that the 8th Infantry Regiment, 4th Infantry Division was awarded the Presidential Unit Citation (prior to its redesignation in 1966 it was known as the Distinguished Unit Citation) and received assault credit for the Normandy landing (recognized by an arrowhead on the EAME).

9. One extract provided by the applicant, 4th Infantry “Ivy” Division Steadfast and Loyal, appears to be a current, veterans organization-type, biographical listing of individuals assigned to the 4th Infantry Division. According to the Center of Military History, the other extract, 4th Infantry Division, 8th Infantry Regiment, appears to be a regimental or divisional history, personnel listing, that may have been prepared at the time (i.e., while the members listed were assigned to the unit). This extract shows that the applicant was assigned to the Headquarters Company, 3d Battalion.

CONCLUSIONS:

1. There is evidence of record to show the 8th Infantry Regiment was assigned to the 4th Infantry Division. Based upon information received from the Center of Military History, the Board accepts the evidence provided by the applicant as showing he was assigned to Headquarters Company, 3d Battalion, 8th Infantry Regiment, 4th Infantry Division and that his WD AGO Form 53-55, item 6 should be amended accordingly.

2. Despite any correction made to item 6 of the applicant’s WD AGO Form 53-55, the Bronze Star Medal is a personal decoration, not a unit award. There is no evidence to show the applicant was recommended for or awarded the Bronze Star Medal.

3. In 1991, the applicant was authorized issuance of, in addition to the awards already listed on his WD AGO Form 53-55, the Army Good Conduct Medal, the Presidential Unit Citation, the American Campaign Medal, the EAME Campaign Medal with one arrowhead, and the Army of Occupation Medal with Germany clasp. The Army of Occupation Medal with Germany clasp was erroneously awarded. The eligibility requirement for this award required service in Germany between 9 May 1945 and 5 May 1955. The applicant departed the European Theater of Operations on 12 March 1945.

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

RECOMMENDATION:

1. That the applicant’s WD AGO Form 53-55, item 6 be amended to read Headquarters Company, 3d Battalion, 8th Infantry Regiment, 4th Infantry Division, and item 33 to add the Army Good Conduct Medal, the Presidential Unit Citation, the American Campaign Medal, and the EAME Campaign Medal with one arrowhead.

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

BOARD VOTE:

__wtm___ __clg___ __rks___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Walter T. Morrison
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001064875
SUFFIX
RECON
DATE BOARDED 20020402
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.00
2. 110.04
3.
4.
5.
6.


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