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ARMY | BCMR | CY2002 | 2002069744C070402
Original file (2002069744C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 July 2002
         DOCKET NUMBER: AR2002069744


         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. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Mr. Thomas B. Redfern, III Member
Mr. Roger W. Able 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, in effect, that he be awarded the Bronze Star Medal (BSM).

3. The applicant states, in effect, that during World War II, he served in combat as an infantryman and was wounded in action. He claims that he was assigned to the 5th Infantry Division when he first served overseas from April 1942 to August 1943; and to the 87th Infantry Division during his second tour overseas from October 1944 through July 1945. He also indicates that during his second tour overseas, he was wounded in action when he was shot through the neck and right shoulder in October 1944. He was hospitalized as a result of being wounded, and upon his release from the hospital in 1945, he was assigned to a Quartermaster Depot for the last two months he served.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire.

5. The available evidence includes the applicant’s separation document
(WD AGO Form 53-55), which verifies that he enlisted in the Army on 30 October 1939, and continuously served on active duty until being honorably separated on 20 July 1945, in the rank of staff sergeant. This document also shows that he served in the European Theater of Operations (ETO) from 17 April 1942 through 15 August 1943, and again from 22 October 1944 through 13 July 1945.

6. The WD AGO Form 53-55 also confirms that the applicant served in military occupational specialty 745 (Rifleman), and that he participated in the Rhineland and Central Europe campaigns. In addition, Item 33 (Decorations and Citations) shows that he earned the following awards during his active duty tenure:
Purple Heart (PH); Army Good Conduct Medal; American Defense Service Ribbon; European-African-Middle Eastern Theater Campaign Medal with
2 bronze service stars; and World War II Victory Medal. Block 34
(Wounds Received in Action) contains an entry that confirms that on
23 December 1944, he was wounded in action in France.

7. During the review of this case, a member of the Board staff reviewed unit historical records at the National Archives in order to determine if the applicant’s claim of entitlement to the BSM could be verified. This search produced a copy of General Orders Number 8, dated 22 March 1945, issued by Headquarters, 345th Infantry Regiment, 87th Infantry Division. These orders awarded the applicant the Combat Infantryman Badge (CIB), for his performance of duty in ground combat against the enemy, effective 23 December 1944.


8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 3-13 outlines the criteria for the award of the BSM. Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between
7 December 1941 and 2 September 1945, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947. This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

9. Paragraph 5-14 contains guidance on awarding the American Campaign Medal. It states, in pertinent part, that it is awarded for service in the American Theater, within the continental limits of the United States for an aggregate period of one year, between 7 December 1941 and 2 March 1946.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he should be awarded the BSM based on his combat service during World War II, and it finds this claim has merit.

2. By regulation, the BSM is authorized for members who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy during World War II; for this purpose, the CIB is considered as a citation in orders.

3. The available evidence confirms that the applicant was awarded the CIB, effective 23 December 1944, in General Orders Number 8, dated 22 March 1945, issued by Headquarters, 345th Infantry Regiment, 87th Infantry Division. As a result, the Board finds that the regulatory criteria for award of the BSM has been satisfied in this case. Therefore, it concludes that it would be appropriate to award him the BSM and add the CIB and BSM to his record at this time.

4. In addition, the Board finds that the applicant is entitled to the American Campaign Medal based on his over one year of service in the continental United States during World War II.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned earned the Combat Infantryman Badge and American Campaign Medal during World War II; by awarding him the Bronze Star Medal, for exemplary conduct in ground combat against an armed enemy; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:

_ _JHL_ _ __TBF__ __RWA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____JoAnn H. Langston___
                  CHAIRPERSON




INDEX

CASE ID AR2002069744
SUFFIX
RECON
DATE BOARDED 2002/07/09
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1945/07/20
DISCHARGE AUTHORITY AR 615-365
DISCHARGE REASON Demobilization
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 60 107.0014
2.
3.
4.
5.
6.



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