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ARMY | BCMR | CY2001 | 2001065031C070421
Original file (2001065031C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 April 2002
         DOCKET NUMBER: AR2001065031


         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. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Mark D. Manning 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.


2. The applicant requests that he be awarded the Bronze Star Medal.

3. The applicant states he is entitled to the Bronze Star Medal by virtue of his World War II (WWII) service and his receipt of the Combat Infantryman Badge (CIB).

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. The applicant submits copies of his Final Pay Roll (WD Form 371a) and a copy of his Enlisted Record and Report of Separation (WD AGO Form 53-55) in support of his application.

5. The applicant’s WD AGO Form 53-55 shows that he entered active duty on 15 April 1941, that his military occupational specialty was 1812, Platoon Sergeant, and his organization of record as Company G, 133rd Infantry Regiment, 34th Infantry Division. His awards and decorations are listed as the Purple Heart, the Combat Infantryman Badge, a Good Conduct Medal, the European-African-Middle Eastern Theater Service Medal, and the American Defense Service Medal. It also shows he participated in four campaigns; Naples-Foggia, Rome-Arno, North Apennines, and Po Valley.

6. The Final Pay Roll form shows that the applicant was due and paid Combat Infantry Pay in addition to his basic pay and allowances.

7. Army Pamphlet 672-1 (unit citation and campaign register) indicates that the 34th Infantry Regiment was awarded the Distinguished Unit Commendation by order of the War Department General Order Number 113, dated 1946, and that this unit participated in 5 campaigns. The campaign not listed on the applicant’s WD AGO Form 53-55 is the Tunisia campaign, from 17 November 1942 through 13 May 1943.

8. Army Regulation 600-8-22 provides that the Presidential Unit Citation (PUC) (know as the Distinguished Unit Citation (DUC) until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

9. Army Regulation 672-5-1 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 such 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 WWII.
10. Army Regulation 600-8-22 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. A silver service star is worn in lieu of five bronze service stars. Additionally the regulation provides, in pertinent part, for award of the WWII Victory Medal for service from 7 December 1941 through 31 December 1946.

CONCLUSIONS:

1. The record shows that the applicant is entitled to award of the Bronze Star Medal by venture of his award of the CIB.

2. The applicant had honorable qualifying service for entitlement to the award of the WWII Victory Medal.

3. In addition to the four campaigns currently listed on the applicant’s discharge document, the applicant is also shown to have participated in the Tunisia campaign. Therefore, his records should be corrected to show that he is entitled to a silver service star on his European-African-Middle Eastern Campaign Medal.

4. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error and rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by to show that, in addition to the awards listed on his WD AGO Form 53-55, the individual concerned was awarded the Bronze Star Medal, the WWII Victory Medal, a Presidential Unit Citation and the European-African-Middle Eastern Campaign Medal with one silver service star.


BOARD VOTE:

_KAK ___ ___MDM_ __TL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Karol A. Kennedy_______
                  CHAIRPERSON



INDEX

CASE ID AR2001065031
SUFFIX
RECON
DATE BOARDED 20020423
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT,
REVIEW AUTHORITY
ISSUES 1. 107.0014
2.
3.
4.
5.
6.


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