PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 July 2002
         DOCKET NUMBER: AR2002070600


         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:

Mr. Arthur A. Omartian		Chairperson
Ms. Karen A. Heinz		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.

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2. The applicant requests, in effect, that Item 30 (Military Occupational Specialty and No.) of his separation document (WD AGO 53-55) be changed to reflect that he served as a rifleman in the appropriate military occupational specialty (MOS) code number.

3. The applicant states, in effect, that although he did serve as a clerk on occasion during his tenure on active duty, his primary combat service in the European Theater of Operations (ETO) during World War II was performed as a basic rifleman, in Company A, 9^th Armored Infantry Battalion. In support of his application, he provides a third party statement from an individual who claims that he was the company clerk for Company A, 9^th Armored Infantry Battalion.

4. The applicant’s military records show that that he was inducted into the Army of the United States on 14 September 1942 and entered active duty on
28 September 1942. It also shows that he served on active duty for 2 years,
5 months and 27 days until being honorably discharged on 24 March 1945.

5. The separation document issued to the applicant on the date of his release from active duty (REFRAD), 24 March 1945, confirms that he was separated in the rank of private first class (PFC), and that his organization at that time was Company A, 9^th Armored Infantry Battalion. It also confirms that he served in the American Theater for 1 year, 4 months, and 13 days until departing for the overseas on 10 February 1944, and that he served overseas in the ETO for
11 months and 2 days until sometime in January 1945.

6. Item 30 (Military Occupational Specialty and No.) of his separation document . shows that he held the MOS 055 (General Clerk). Item 33 (Decorations and Citations) shows that he earned the following awards during his active duty tenure: Purple Heart; Good Conduct Medal; and European- African-Middle Eastern Campaign Medal with 1 bronze service star. Finally, Item 34 (Wounds Received in Action) confirms that he was wounded in action on 18 August 1944, while serving in the ETO.

7. The applicant’s Soldier’s Qualification Record (WD AGO Form 20) confirms in Item 27 (Classification in Military Specialties) that the applicant was qualified in the following MOSs: 405 (Clerk Typist), 744 (Reconnaissance NCO) and
745 (Rifleman). In addition, a letter, dated 4 October 1945, addressed to the applicant from The Adjutant General (TAG) of the Army, confirms that he was awarded the Combat Infantryman Badge (CIB), with an effective date of pay of
6 June 1944.

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8. An Authorization for Issuance of Awards (DA Form 1577), dated 17 April 1998, published by the Army Reserve Personnel Center, St. Louis, Missouri, confirms that in addition to the awards listed in his separation document, the applicant was issued the following awards: Bronze Star Medal; American Campaign Medal; and World War II Victory Medal;

9. The third party statement from an individual claiming to be the company clerk of the applicant’s unit was provided by the applicant. In this statement, this individual claims that he was the company clerk of Company A, 9^th Armored Infantry Battalion, at the time the applicant was assigned to the unit. He further comments that although the applicant helped him on occasion, his regular and primary duty was serving as a basic rifleman, which he was performing when the unit entered combat in France in 1944.

10. 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.

11. Paragraph 5-11 contains guidance on the World War II Victory Medal. It states, in pertinent part, that it is awarded for service between 7 December 1941 and 31 December 1946. Paragraph 5-12 contains guidance on the European-African-Middle Eastern Campaign Medal, and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO. 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.

12. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. It confirms that the 9^th Armored Infantry Battalion, the applicant’s unit from February 1944 until he was wounded on 18 August 1944, was credited with participating in the Normandy and Northern France campaigns during that timeframe.

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CONCLUSIONS:

1. The Board notes the applicant’s request that Item 30 of his separation document be changed to reflect his service as a basic rifleman, and it finds this claim has merit.

2. The evidence of record confirms that the applicant was awarded the CIB with a pay effective date of 6 June 1944, and that he was wounded in action on
18 August 1944, while serving as a private (PVT), with Company A, 9^th Armored Infantry Battalion, in the ETO. These factors would indicate that the applicant was primarily serving as a rifleman during his World War II service, which is further corroborated by the third party statement from the unit’s company clerk that was provided by the applicant.

3. In view of the facts of this case, the Board finds sufficient evidence to establish that the majority of the applicant’s World War II service with the unit listed in his separation document was performed as a rifleman. Therefore, it concludes would be appropriate, in the interest of equity, to grant the requested relief.

4. During the review of this case, the Board determined that applicant earned and is entitled to awards that were not included in his separation document; and it concludes that it would be appropriate to correct his record to reflect these earned awards at this time.

5. The evidence of record confirms that the applicant was awarded the CIB on
6 June 1944, and by regulation, this entitles him to the BSM. Further, based on his service during World War II, and his service in the American Theater, he is also entitled to the World War II Victory Medal and the American Campaign Medal.

6. In addition, based on the period he served with the 9^th Armored Infantry Battalion in the ETO, he is entitled to 2 bronze service stars for his European-African-Middle Eastern Campaign Medal based on his campaign participation. Thus, the Board concludes it would be also appropriate to add these awards to his records at this time.

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

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RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending Item 30 (Military Occupational Specialties and No.) of the separation document of the individual concerned, dated 24 March 1945, to read “Rifleman # 745”, in lieu of the current entry that reads “Clerk General #055”; by adding the Combat Infantryman Badge, Bronze Star Medal, World War II Victory Medal, American Campaign Medal, and 2 bronze service stars for his European-African-Middle Eastern Campaign Medal to his record; and by providing him a corrected separation document that reflects these changes.

BOARD VOTE:

__AAO__ __KAH___ ___TL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___Arthur A. Omartian _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070600
SUFFIX
RECON
DATE BOARDED	2002/07/30
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1945/03/24
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Certificate of Disability
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 6	100.0500
2.
3.
4.
5.
6.