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ARMY | BCMR | CY2002 | 2002066892C070402
Original file (2002066892C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 April 2002
         DOCKET NUMBER: AR2002066892


         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:

Ms. Margaret K. Patterson Chairperson
Mr. Elzey J. Arledge, Jr. Member
Mr. Richard T. Dunbar 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 and Certificate of Service, WD AGO Form 53-98, be amended to show his organization as Company K, 12th Infantry, 4th Infantry Division and to add the Bronze Star Medal, the Distinguished Unit Citation, and the Belgian Fourragere. He states that he would like the corrections to avoid later confusion. He provides a Bronze Star Medal certificate as supporting evidence.

3. The applicant’s military records show that, after having had prior service in the Enlisted Reserve, he entered active duty on 6 December 1943 as a second lieutenant in the Infantry. He arrived in the European Theater of Operations on 8 August 1944 and was assigned to Company K, 12th Infantry, 4th Infantry Division as a platoon commander.

4. The applicant was admitted to the Exhaustion Center, 622d Clearing Company (Separate) on 12 November 1944. His Officer’s and Warrant Officer’s Qualification Card, WD AGO Form 66-1, shows that he entered the chain of evacuation to the United Kingdom on 13 November 1944. On 24 November 1944, at the 56th General Hospital, he was diagnosed with severe reactive depression provoked by combat. On 1 December 1944, he was transferred to the 185th General Hospital. He departed the European Theater of Operations on 2 January 1945. He was separated for medical reasons on 22 August 1945.

5. The applicant’s WD AGO Form 53-98 shows that he was awarded the Combat Infantryman Badge.

6. Army Regulation 600-8-22 provides, in pertinent part, for the award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

7. Department of the Army Pamphlet 672-1 shows the 12th Infantry, 4th Infantry Division was awarded the Distinguished Unit Citation for the period 16 through 24 December 1944. It was twice cited in the Belgian Citation in the Order of the Day, once for the period 7 through 13 September 1944 and again for the period 16 through 21 December 1944 and was awarded the Belgian Fourragere on Department of the Army General Orders 43-50. When a unit is cited twice in the Belgian Citation in the Order of the Day, the members of the unit who were present for both actions were authorized to wear the Belgian Fourragere. When the member was present for only one of the actions, an entry will be made on his separation document to indicate award of the Belgian Citation in the Order of the Day as a unit citation but no emblem is authorized. This Pamphlet shows the 15th Infantry was assigned to the 3d Infantry Division.
CONCLUSIONS:

1. The evidence of record shows the applicant was assigned to Company K, 12th Infantry, 4th Infantry Division and not Company K, 15th Infantry Division, 4th Infantry Division.

2. The evidence of record shows the applicant is entitled to award of the Bronze Star Medal based upon award of the Combat Infantryman Badge.

3. The evidence of record shows the applicant was assigned to hospital units beginning on 12 or 13 November 1944. Therefore, he was assigned to the 12th Infantry during a period of time the unit was cited in the Belgian Citation in the Order of the Day but not during the period of time it was cited in the Belgian Citation in the Order of the Day for the second time nor during the period of time the unit was awarded the Distinguished Unit Citation. He is not eligible to wear the Belgian Fourragere but his records should be corrected to show his unit was cited in the Belgian Citation in the Order of the Day.

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 53-98 be amended to show he was assigned to Company K, 12th Infantry, 4th Infantry Division; to show his unit was cited in the Belgian Citation in the Order of the Day, Unit Citation, no emblem authorized; and to show he was awarded the Bronze Star Medal.

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

BOARD VOTE:

__mkp___ __eja___ __rtd___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                           Margaret K. Patterson
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2002066892
SUFFIX
RECON
DATE BOARDED 20020411
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0014
2. 107.0031
3. 107.0097
4.
5.
6.


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