PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002068849


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Ms. Barbara J. Ellis		Member
Ms. Karen A. Heinz		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 Silver Star.

3. The applicant states, in effect, that he was recommended for award of the Silver Star in March or April of 1945 by a sergeant in his unit. The applicant contends that he never heard the results from the recommendation.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he entered active duty on 22 October 1940 and completed training as a medical aidman. He served in the European-African-Middle Eastern Theater of Operations from 10 January 1944 to 29 June 1945. The applicant was honorably separated from active duty on 5 October 1945.

5. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) does not show the Silver Star as an authorized award in item 32 (Decorations and Citations).

6. There are no orders available to the Board which show the applicant was awarded the Silver Star. There also is no evidence in his records that he was recommended for award of the Silver Star. Review of the unit records at the National Archives in Suitland, Maryland, did not reveal a recommendation or orders for award of the Silver Star to the applicant.

7. Review of the applicant's records reveals that he is eligible for award of the Bronze Star Medal based on award of the Combat Medical Badge, two bronze service stars to be worn on his European-African-Middle Eastern Theater Service Medal, the American Campaign Medal, the Army of Occupation Medal with Germany Clasp, the World War II Victory Medal and the Meritorious Unit Commendation. These awards and appurtenances are not shown on his WD AGO Form 53-55.

8. Item 31 (Military Qualification and Date) of the applicant's WD AGO Form
53-55 shows that the applicant was awarded the Combat Medical Badge.

9. Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows that he participated in the Rhineland and Central Europe Campaigns during World War II.

10. Item 37 of the applicant's WD AGO Form 53-55 shows that he completed over one year of "Continental Service" between 7 December 1941 and 2 March 1946.



11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, credit for occupation duty during World War II. This document shows the 28th Infantry Regiment of the 8th Division received occupation credit in Germany from 2 May 1945 to 4 July 1945.

12. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, United States unit awards for units serving in World War II. This document shows the unit in which the applicant served, the Medical Detachment of the 28th Infantry Regiment, received the Meritorious Unit Commendation for actions during the period 15 January 1944 through 30 September 1944 by 8th Infantry Division General Orders Number 92, dated 18 April 1845.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14. 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.

15. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or in item 32 (Battles and Campaigns) on the WD AGO Form 53-55. The regulation further states that authorized bronze service stars will be worn on the appropriate service medal which in this case is the European-African-Middle Eastern Theater Service Medal.

16. 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.

17. 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, qualifying 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.

18. 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.

CONCLUSIONS:

1. There is no evidence the applicant was recommended for or awarded the Silver Star. The applicant has provided no evidence that he was recommended for the Silver Star as he contends. In the absence of a recommendation for award of the Silver Star or General Orders awarding the Silver Star to the applicant, there is insufficient evidence upon which to base award of the Silver Star in this case.

2. The applicant was awarded the Combat Medical Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal and correction of his records to show this award.

3. The applicant participated in two campaigns during World War II; therefore, he is entitled to award of two bronze service stars to be worn on his European-African-Middle Eastern Theater Service Medal and correction of his records to show the European-African-Middle Eastern Theater Service Medal with two bronze service stars.

4. The applicant served a period of qualifying continental service for award of the American Campaign Medal; therefore, he is entitled to this award and correction of his records to show this service medal.

5. The applicant's unit received occupation credit for Germany; therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

6. Based on the applicant's service during World War II, he is entitled to award of the World War II Victory Medal and correction of his records to show this award.

7. General Orders show the applicant is entitled to award of the Meritorious Unit Commendation. Therefore, he is entitled to correction of his records to show this unit award.

8. 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 the individual concerned was awarded the Bronze Star Medal based on award of the Combat Medical Badge, two bronze service stars to be worn on his European-African-Middle Eastern Theater Service Medal, the American Campaign Medal, the Army of Occupation Medal with Germany Clasp, the World War II Victory Medal and the Meritorious Unit Commendation.

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

BOARD VOTE:

__BJE___ __KAH__ __RVO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Mr. Raymond V. O'Connor, Jr.__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068849
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021024
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.