PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 May 2002
         DOCKET NUMBER: AR2002067397


         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. Jennifer L. Prater		Chairperson
Ms. Barbara J. Ellis		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 his records be corrected by awarding him the Silver Star.

3. The applicant states, in effect, that he is entitled to award of the Silver Star because the article that he submits states that every one in SGT Jones' (his) squad was awarded the Silver Star for actions occurring on 8 November 1944.

4. The Board will not address the issue of award of the Silver Star, at this time, since the applicant has not exhausted all other administrative relief options. However, in the development of this case other errors in the reporting of his awards and decorations were found and it is appropriate to address these issues.

5. The applicant's military records are believed to have been lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternative sources.

6. The applicant entered active duty on 27 October 1943, served with Company F, 328^th Infantry Regiment, 26^th Infantry Division in Europe, and was discharged as a private first class on 18 March 1946.

7. The applicant's WD AGO 53-55 (Enlisted Record and Report of Separation) shows that he was awarded the Purple Heart, the Good Conduct Medal, the Combat Infantryman Badge, the European-African-Middle Eastern Campaign Medal with two bronze service stars (Northern France and Rhineland campaigns), the Sharpshooter Qualification Badge with Pistol and Rifle Bars, and the World War II Victory Medal.

8. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register shows that while the applicant was attached to the 328^th Infantry Regiment it is credited with participation in three campaigns, Ardennes-Alace, Northern France and Rhineland. It further shows that during this same period the unit received the Distinguished Unit Citation, the Meritorious Unit Citation and occupation credit for Germany.

9. Army Regulation 15-185 sets forth policy and procedures followed by the Board. Paragraph 2-8 of that regulation provides that the staff may return an application without action if all other administrative remedies have not been exhausted.

10. Title 10, United States Code, Section 1130 provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law. A request for an award not previously submitted in a timely fashion will only be considered under this provision if the request, a DA Form 638 (Recommendation for Award), has been referred to the Service Secretary from a Member of Congress. This application must clearly identify the applicant's unit, the

period of assignment, and the award being recommended. A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.

11. 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.

12. Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also 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.

13. 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.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation 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.

CONCLUSIONS:

1. The Board will not address the issue on the Silver Star since the applicant has not exhausted all other potential administrative relief as provided for in Title 10, United
States Code, Section 1130. A DA Form 638 will be provided to the applicant. A Member of Congress needs to forward the completed request to the Military Awards Branch, TAPC-PDO-PA, 200 Stovall Street, Alexandria, Virginia 22332-0471.

2. Rather than return the applicant's request outright, it is in the interest of justice for the Board to consider updating of applicant's awards.

3. Based on the receipt of the Combat Infantryman Badge, the Board finds that the applicant is entitled to award of the Bronze Star Medal.

4. Since the applicant is shown to have served in three campaigns, it is proper to show that he was awarded the European-African-Middle Eastern Campaign Medal with three bronze service stars.

5. Further, while he was attached to it, his unit was granted credit for the occupation of Germany, thereby entitling the applicant to Army of Occupation Medal with Germany bar. He was also attached to the unit during the period that it was awarded the Meritorious Unit Citation and the Distinguished Unit Citation, hence his records should reflect these awards.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is awarded the Bronze Star Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Army of Occupation Medal with Germany bar, the Meritorious Unit Citation and the Distinguished Unit Citation.


BOARD VOTE:

__JLP___ ___BJE_ ___TL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _Jennifer L. Prater____________________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002067397
SUFFIX
RECON
DATE BOARDED	20020521
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT partial
REVIEW AUTHORITY
ISSUES 1.	107.0007
2.
3.
4.
5.
6.