PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 October 2002
         DOCKET NUMBER: AR2002067567


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Melvin H. Meyer		Member
Mr. James E. Anderholm		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 award of the Purple Heart; correction of item
6 (Organization) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the 550th Airborne Infantry Battalion, 17th Airborne Division; and correction of item 11 (Place of Birth) on his WD AGO Form 53-55 to show “Paint Creek, West Virginia.”

3. The applicant’s request for award of the Purple Heart is a request for reconsideration and was addressed by separate correspondence to the applicant. Therefore, this issue will not be discussed further in these Proceedings.

4. A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued on 17 May 1996 amending the applicant’s organization on his WD AGO Form 53-55 to show the 550th Airborne Infantry Battalion, 17th Airborne Division. Therefore, this issue will not be discussed further in these Proceedings.

5. The applicant states that his birth place was Paint Creek, not Point Creek as shown in item 11 (Place of Birth) on his discharge document.

6. The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
4 March 1943. He served as a rifleman in the European Theater of Operations from 1 June 1944 through 3 June 1945 and was honorably discharged on
26 October 1945.

7. Item 11 (Place of Birth) on the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry, “POINT CREEK W VA” [West Virginia].

8. The available records do not contain a birth certificate.

9. There is no evidence in the available records which shows the applicant was born in Paint Creek, West Virginia.

10. The applicant’s WD AGO Form 53-55 shows that he received the Combat Infantryman Badge during World War II.

11. The applicant’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. This form also shows that the applicant participated in four campaigns during World War II.



12. Army Regulation 600-8-22 (Military Awards) 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.

13. 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 or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

14. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

CONCLUSIONS:

1. The Board considered the applicant’s contention that his place of birth is incorrect on his WD AGO Form 53-55. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was born in Paint Creek, West Virginia.

2. Evidence of record does show that the applicant signed his discharge document on 26 October 1945 attesting to the fact that his place of birth was Point Creek, West Virginia. Therefore, the Board determined that there was insufficient evidence on which to amend the applicant’s place of birth on his WD AGO Form 53-55.

3. The applicant received the Combat Infantryman Badge during World War II. Therefore, the applicant is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this award.

4. The applicant’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. However, evidence of record shows the applicant participated in four campaigns during World War II which are not correctly shown by award of four bronze service stars for wear on his European-African-Middle Eastern Campaign Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the European-African-Middle Eastern Campaign Medal with four bronze service stars and correction of his military records to show these awards.

5. The applicant is entitled to the World War II Victory Medal and the American Campaign Medal based on his honorable service from 4 March 1943 through 26 October 1945. Therefore, his military records should be corrected to show these medals.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only 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 Bronze Star Medal (based on award of the Combat Infantryman Badge), the European-African-Middle Eastern Campaign Medal with four bronze service stars, the World War II Victory Medal and the American Campaign Medal.










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

BOARD VOTE:

JLP_____ MHM____ JEA____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Jennifer L. Prater___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067567
SUFFIX
RECON
DATE BOARDED	20021008
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	100.0800
3.
4.
5.
6.