PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 July 2002
         DOCKET NUMBER: AR2001064970


         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. Lee Cates		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Ms. Karen A. Heinz		Member
Mr. Thomas Lanyl		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 that his records be corrected to reflect his service in the 79^th Infantry Division.

3. The applicant states that his records do not show his service time with the 79^th Infantry and being wounded in France, which would entitle him to receive the CIB (Combat Infantryman Badge) and the Bronze Star Medal (BSM). He contends that he enlisted on 28 September 1939 from the National Guard; served in Newfoundland from 20 January 1941 to 2 January 1944; departed for the ETO (European Theater of Operations) on 16 June 1944; was wounded at 5:00 PM, 1 December 1944 in a cemetery in the town of Strasbury, France; was transferred to the First General Hospital in Paris, then to the Munsburry Hospital in England and finally sent to the 1302 Engineer Battalion at Newbury, England. He provides copies of the Western Union Telegram that notified his father he was slightly wounded on 1 December, his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), dated 3 July 1945, his Honorable Discharge Certificate dated 3 July 1945, WD AGO Form 108 (Request for Decoration and/or Citation), dated 2 July 1945, which was based on the affidavits of enlisted men and officers of the 1302 Engineer General Service Regiment, a letter from the National Personnel Records Center (NPRC) advising him of the requirements to qualify for award of the CIB, a letter from the Commander, Total Army Personnel Command (PERSCOM) advising him of the requirements for award of the CIB and the BSM and directing his attention to this Board.

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

5. On 28 September 1939, the applicant enlisted in the Regular Army. He completed his required training and was awarded military occupational specialty (MOS) 013 (Tractor Mechanic (Diesel). His “Arm or Service” was C of E (Corps of Engineers). His WD AGO Form 53-55 indicates he departed for the American Theater on 20 January and arrived on 25 January 1941; departed for the United States on 28 December 1943 and arrived on 2 January 1944; departed for the European-African-Middle Eastern (EAME) Theater on 16 June and arrived on 27 June 1944 with assignment to the 1302 Engineer General Service Regiment; and departed for the USA on 21 June and arrived on 28 June 1945. He was honorably separated in the grade of private first class on 3 July 1945 under Army Regulation 615-365 and for the convenience of the Government. This record also shows he had 5 years, 6 months and 5 days of creditable service and 71 days of lost time. His highest grade held was corporal. He was awarded the Purple Heart (PH), American Defense Service Medal (ADSM) and the EAME Service Medal with 1 bronze service star (Rhineland).

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6. On 26 September 2001, officials at the NPRC authorized the issuance of the following awards to the applicant: (1) the PH, (2) the Good Conduct Medal (GCMDL) (3) the American Defense Service Medal, (5) the American Campaign Medal (ACM), (6) the EAME Service Medal; (6) the World War II Victory Medal (WWIIVM); and, (7) the Honorable Service Lapel Button WWII.

7. On 28 September 2001, in response to a request from the applicant for award of the CIB and BSM, based on service with the 79^th Infantry Division, the NPRC advised the applicant of the mandatory requirements which must be met in order to be awarded the CIB. This document indicated the applicant did not have the proper MOS; was assigned to the 1302 Engineers, not infantry; and that he did not participate in ground combat with an infantry unit. They concluded that he was not eligible for award of the CIB; therefore, he was not eligible for award of the BSM, based on award of the CIB.

8. On 29 January 2002, the Commander, Military Awards Branch, PERSCOM advised the applicant’s representative in Congress that a review of historical records for the World War II era for the 79^th Infantry Division had been conducted and found no record of the applicant being awarded the CIB. They noted he had an application pending before this Board and referred all matters accordingly.

9. A further review of the historical files of the 79^th Infantry Division, located at the National Archives, College Park, Maryland, failed to identify the applicant as being assigned to any of the infantry regiments of the 79^th Infantry Division.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That paragraph states that there are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must have been in an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

11. Army Regulation 600-8-22 also provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 CIB or the Combat Medical

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Badge is considered to be a citation in orders. This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

CONCLUSIONS:

1. The evidence of record clearly shows the applicant was assigned to the 1302 Engineer General Service Regiment during his service in the EAME tour and served in MOS 013, a Corps of Engineer MOS. It has not been shown that he served in the 79^th Infantry Division.

2. There is no evidence of record that the applicant ever served in an infantry MOS, was in active ground combat or was assigned to an infantry unit or met any of the requirements for award of the CIB. Subsequent award of the BSM based on award of the CIB is not authorized.

3. It is noted that award of the PH is not a requirement for award of the CIB.

4. There is no evidence of record, and the applicant has provided no evidence, which confirms the qualifying period for the Good Conduct Medal. The applicant had an unidentified period of lost time during his period of service; therefore, the Board is unable to confirm the qualifying period as required for issuance of orders and certification. Accordingly, the Board will take no action on this award at this time.

5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

6. The Board notes the applicant is entitled to award of the ACM and the WWIIVM and that his record should be corrected accordingly.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the ACM for service in the American Theater during the period 25 January 1941 and 28 December 1943, and the WWIIVM.

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

BOARD VOTE:

__KAH___ _AAO__ __TL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Arthur A. Omartian
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064970
SUFFIX
RECON
DATE BOARDED	20020730
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100
2.
3.
4.
5.
6.