Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002066373C070402
Original file (2002066373C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 April 2002
         DOCKET NUMBER: AR2002066373


         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. Joyce A. Hall Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Raymond J. Wagner Member
Mr. Donald P. Hupman, Jr. 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 the Presidential Unit Citation (PUC) and any other additional awards that he may be entitled to.

3. The applicant states in effect, that his unit was awarded the PUC. However, his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) does not reflect the award.

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 the reconstructed records.

5. The applicant was inducted into the Army of the United States on 28 January 1944. He served in the European Theater of Operations (ETO) from 8 December 1944 to 5 September 1945. He was assigned to Company A, 320th Infantry Regiment, 35th Infantry Division as a rifleman. The applicant was honorably discharged on 13 December 1945.

6. His WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge, the Good Conduct Medal, the Victory Medal (known as the WWII Victory Medal), the European-African-Middle Eastern Theater Ribbon (now known as the European-African-Middle Eastern Campaign Medal), the American Theater Campaign Ribbon (now known as the American Campaign Medal) and the Lapel Button (now known as the Honorable Service Lapel Button WWII). It does not show the award of the Presidential Unit Citation (formerly known as the Distinguished Unit Citation).

7. 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.

8. The applicant’s record shows that the applicant was eligible for the Army of Occupation Medal with Germany Clasp which is not shown on his WD AGO Form 53-55. The Board also noted that the applicant served in three ETO campaigns and was eligible to wear three bronze service stars with the
European-African-Middle Eastern Theater Ribbon. This award is not shown on his WD AGO 53-55.

9. The applicant’s record also shows that he was entitled to the Bronze Star Medal based on the award of the Combat Infantryman Badge. This award is not reflected on the applicant’s WD AGO 53-55.

10. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units, which served during World War II. This document shows the unit to which the applicant was assigned, the 320th Infantry Regiment, 35th Infantry Division, received the Distinguished Unit Citation for actions during the period 10 – 13 August 1944, based on War Department
General Order 55 – 45.

11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, show, among other information, occupation credit during World War II. This document shows the unit to which the applicant was assigned, the 320th Infantry Regiment, 35th Infantry Division, received occupation credit for Germany for the period from 2 May – 14 August 1945, based on War Department General Order 43 – 50.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

CONCLUSIONS:

1. The evidence of record clearly shows the unit in which the applicant was assigned, the 320th Infantry Regiment, 35th Infantry Division, was awarded the Presidential Unit Citation for the period 10 – 13 August 1944. However, the evidence of record shows the applicant’s arrival to the unit was on 8 December 1944, after the unit’s award. Therefore, correction of his WD AGO Form 53-55 to show this award would be inappropriate.

2. The evidence of record shows that the applicant completed qualifying service in Germany for the award of the Army Occupation Medal with Germany Clasp; therefore, he is entitled to correction of his records to show this award.

3. The evidence of record shows that the applicant participated in three battle campaigns and was entitled to wear three bronze service stars with his European-African-Middle Eastern Campaign Ribbon.

4. The evidence of record also shows that the applicant was eligible to received the Bronze Star Medal based on the award of the Combat Infantryman Badge.
Therefore, the applicant is entitled to correction of his record to show this award.

5. 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 this case be corrected by showing that the individual concerned was awarded the Army of Occupation Medal with German Clasp, the European-African-Middle Eastern Campaign Ribbon w/3 bronze service stars and the Bronze Star Medal.

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

BOARD VOTE:

__rvo___ __rjw___ __dph___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O’Connor, Jr.
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002066373
SUFFIX
RECON
DATE BOARDED 20020409
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0031
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002081623C070215

    Original file (2002081623C070215.rtf) Auto-classification: Approved

    The applicant requests correction of his records to show award of the Combat Infantryman Badge. Evidence available to the Board shows the applicant was awarded MOS 745 and served as a rifleman with the 320th Infantry Regiment of the 35th Infantry Division in combat during World War II; therefore, he was eligible for award of the Combat Infantryman Badge. The Board determined that in view of his infantry service terminated by wounds sustained in action, the applicant met the requirement of...

  • ARMY | BCMR | CY2014 | 20140015029

    Original file (20140015029.txt) Auto-classification: Approved

    He states, in effect, that the FSM was eligible for award of the Bronze Star Medal based upon his award of the Combat Infantryman Badge. He provides: * a self-authored statement * the FSM's WD AGO Form 53-55 * the FSM's Certificate of Death * a letter from the National Personnel Records Center * an extract from Army Regulation 600-8-22 (Military Awards) pertaining to the Bronze Star Medal * an extract from Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation...

  • ARMY | BCMR | CY2009 | 20090017369

    Original file (20090017369.txt) Auto-classification: Approved

    The applicant requests that he be awarded the Combat Infantryman Badge and his period of service be corrected. The applicant does not specify what error in his period of service he would like corrected and available records do not show any post-WWII active duty service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that in addition to the awards listed on the WD AGO Form 53-55, the applicant is also authorized...

  • ARMY | BCMR | CY2011 | 20110020947

    Original file (20110020947.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to: * change item 6 (Organization) from "Company A, 159th Infantry" to "Cannon Company, 142nd Infantry Regiment, 36th Infantry Division" * add the following awards, battles, or campaigns: * one arrowhead device * Salerno * Anzio * Bulge (i.e., Ardennes-Alsace) 2. The primary record available to this Board is the applicant's WD AGO Form 53-55. As a result, the Board...

  • ARMY | BCMR | CY2012 | 20120016676

    Original file (20120016676.txt) Auto-classification: Approved

    The applicant's military records are not available to the Board for review. The applicant's military records are not available to the Board for review. He meets the criteria for this medal and his WD AGO Form 53-55 should be corrected to show the medal.

  • ARMY | BCMR | CY2013 | 20130021791

    Original file (20130021791.txt) Auto-classification: Approved

    The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) of his deceased uncle, a former service member (FSM), be corrected to show: * A bronze arrowhead and three additional bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal * Presidential Unit Citation 2. Based on award of this badge, he is entitled to award of the Bronze Star Medal and correction of his records to show it. As a result, the Board...

  • ARMY | BCMR | CY2010 | 20100007710

    Original file (20100007710.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Evidence shows he arrived in the ETO prior to his unit's participation in the Normandy campaign. Records show that the applicant was awarded the EAME Campaign Medal.

  • ARMY | BCMR | CY2009 | 20090014429

    Original file (20090014429.txt) Auto-classification: Approved

    The applicant's military record is not available to the Board for review. Records show that the applicant was awarded the EAME Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge, b. deleting from item 33 of his WD AGO 53-55 the European-African-Middle Eastern Campaign Medal and the Army of Occupation Medal, and c....

  • ARMY | BCMR | CY2009 | 20090002526

    Original file (20090002526.txt) Auto-classification: Approved

    The evidence includes orders awarding the FSM the BSM 1st Oak Leaf Cluster (2nd Award) for heroism on 13 and 14 December 1944 in Germany, and a letter from the Commanding General, Army Service Forces, which confirmed the FSM's eligibility for the CMB and directed he be issued this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 33 of his WD AGO Form 53-55 by deleting the current list of awards and...

  • ARMY | BCMR | CY2012 | 20120007071

    Original file (20120007071.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show: * his unit of assignment as the 821st Tank Destroyer Battalion instead of the 75th Quartermaster Company * his combat service * five bronze service stars 2. The applicant provides his WD AGO Form 53-55. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 33 of his WD AGO Form 53-55 the...