PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 August 2002
         DOCKET NUMBER: AR2002072314


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Christopher J. Prosser		Member
Mr. Harry B. Oberg		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 correction of item 6 (Organization) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he served with the "101st Airborne Division." He also requests correction of his records to show award of the Good Conduct Medal and "Airborne Jump Wings with two gold combat stars" (correctly known as the Parachutist Badge with two bronze service stars).

3. The applicant states that his WD AGO Form 53-55 does not show that he served with the "101st Airborne Division." In support of his application, he submits a copy of a DA Form 1577 (Authorization for Issuance of Awards); WD AGO Form 100 (Separation Qualification Record); his Honorable Discharge Certificate; a certificate from the Parachute School; and two 502nd Parachute Regiment invasion rosters.

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 3 December 1942. He completed training as a motor dispatcher and served in the European-African-Middle Eastern Theater of Operations from 19 October 1943 to 27 October 1945. The applicant was honorably discharged from active duty on 14 November 1945.

5. The applicant’s WD AGO Form 53-55 shows he was assigned to Company I, 502nd Infantry Regiment in item 6.

6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows, among other information, unit awards authorized for units which served during World War II. This document shows that the 502nd Parachute Infantry Regiment was a major subordinate unit of the 101st Airborne Division.

7. The applicant's WD AGO Form 53-55 does not show the Good Conduct Medal or the Parachutist Badge with two bronze service stars as authorized awards.

8. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence available to the Board which shows the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His WD AGO Form 53-55 does not show any days of lost time.

9. There are no orders which show the applicant was awarded the Parachutist Badge. The applicant provided a copy of a certificate from the Parachute School, Airborne Command, which indicates that he completed the prescribed course in parachute packing, ground training, and jumping from a plane in flight. This document also indicates that the applicant was qualified as a parachutist on 10 March 1943. His WD AGO Form 53-55 shows he successfully completed "Jump School" in item 41 (Service Schools Attended).

10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows at the time of the applicant’s assignment to the 502nd Parachute Infantry Regiment, the unit received credit for assault landings in Normandy for the period 6 to 7 June 1944 by War Department of the Army General Orders Number 116, dated 1946. This document also shows that the 502nd Infantry Regiment received credit for assault landings in Nijmegen-Arnhem on 17 September 1944 by War Department of the Army General Orders Number 70, dated 1945.

11. The applicant provided a copy of a Pre-Normandy Invasion Roster, dated May 1944 and a Holland Invasion Roster, dated 17 September 1944, which lists those individuals who participated in these combat landings while assigned to Company I, 502nd Parachute Infantry Regiment. The applicant's name is listed on both of these rosters. There is no evidence available to the Board which indicates that the applicant participated in the parachute jumps during these invasions.

12. The Board noted that the applicant is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge, the Army of Occupation Medal for Germany, the French Croix de Guerre, the Netherlands Orange Lanyard and the Belgian Fourragere which are not shown on his discharge document.

13. The applicant’s WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge on 9 July 1944 in item 31 (Military Qualification and Date).

14. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the unit to which the applicant was assigned, the 502nd Parachute Infantry Regiment, received occupation credit for Germany for the period 20 May to 3 June 1945.

15. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the 502nd Parachute Infantry Regiment was cited for award of the French Croix De Guerre for actions on 6 to 8 June 1944 by Department of the Army General Orders Number 43, dated 1950.

16. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was also cited for award of the Netherlands Orange Lanyard for actions during the period 17 September to 28 November 1944 by Department of the Army General Orders Number 43, dated 1950.

17. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, also shows that the 502nd Parachute Infantry Regiment was cited twice for award of the Belgian Fourragere during the periods 6 June 1944 and 22 to 27 December 1944 by Department of the Army General Orders Number 43, dated 1950.

18. Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) during World War II. This regulation states the last unit, or similar element, to which an individual was assigned, rather than the element of which he was a part while moving to a separation activity, will be entered in item 6 (Organization) of the WD AGO Form 53-55. The regulation also notes that assignment to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

19. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

20. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge. Paragraph 8-10g states that a bronze service star is authorized to be worn on the parachutist badge to denote a soldier’s participation in a combat parachute jump and that orders are required to confirm award of these badges. The regulation also states that credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the soldier is assigned at the time of the assault. The regulation specifically requires that the unit must be credited with a combat assault in order for the soldiers to receive the parachutist badge with the bronze service star affixed and that each soldier must physically exit the aircraft to receive combat assault credit and the parachutist badge with bronze service star.

21. 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. This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

22. In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II. Essentially, this guidance states that there is no individual emblem presented to or worn by Army soldiers who were in a unit cited by the French Government for the Croix de Guerre. Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) are not authorized an individual device. As a result, the only European foreign unit awards which a former Army service member may wear are the French Fourragere, the Belgian Fourragere and the Netherlands Orange Lanyard.

CONCLUSIONS:

1. Evidence of record available to the Board shows the applicant was assigned to Company I, 502nd Parachute Infantry Regiment, 101st Airborne Division during World War II. Therefore, his WD AGO Form 53-55 will be amended to include the entry "101st Airborne Division."

2. The applicant is entitled to the first award of the Good Conduct Medal for the period 3 December 1942 through 14 November 1945 based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service. Therefore, his WD AGO Form 53-55 will be amended to show the first award of the Good Conduct Medal.

3. There are no orders authorizing award of the Parachutist Badge to the applicant. However, the applicant has provided a certificate which shows he completed the prescribed training to qualify him as a parachutist on 10 March 1943. Upon review, the Board has determined that this evidence is sufficient as a basis for award of the Parachutist Badge and correction of his records to show this badge.

4. The Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit, the 502nd Parachute Infantry Regiment received credit for assault landings in Normandy and Nijmegen.

5. The Board reviewed the invasion rosters submitted by the applicant; however, there is no evidence available to the Board which shows the applicant participated in combat parachute jumps during these assault landings. Therefore, there is no basis for granting him two bronze service stars to be worn on his Parachutist Badge.

6. The applicant's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge during World War II. Based on award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal. Therefore his WD AGO Form 53-55 will be amended to show award of the Bronze Star Medal.

7. Evidence of record available to the Board shows that the applicant's unit, the 502nd Parachute Infantry Regiment received occupation credit for Germany; therefore, he is entitled to award of the Army of Occupation Medal (Germany) and correction of his records to show this award.

8. While the applicant was assigned to the 502nd Parachute Infantry Regiment, the unit was cited for award of the French Croix de Guerre. Therefore, his WD AGO Form 53-55 will be amended to show the entry "FRENCH CROIX DE GUERRE - - UNIT CITATION - - NO EMBLEM AUTHORIZED."

9. While the applicant was still assigned to the 502nd Parachute Infantry Regiment, the unit was cited for award of the Netherlands Orange Lanyard. Therefore, his WD AGO Form 53-55 will be amended to show this foreign unit award.

10. Evidence of record also shows that, while the applicant was assigned to the 502nd Parachute Infantry Regiment, the unit was also cited twice for award of the Belgian Fourragere. Therefore, his WD AGO Form 53-55 will be amended to show this foreign unit award.

11. 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:

         a. by deleting the entry "CO I 502ND INF" from item 6 (Organization) of the individual concerned WD AGO Form 53-55;

         b. by adding the entry "CO I 502ND INF 101ST AIRBORNE DIVISION" to item 6 (Organization);

         c. by showing he was awarded the Good Conduct Medal, the Parachutist Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), and the Army of Occupation Medal (Germany);

         d. by adding the entry "FRENCH CROIX DE GUERRE - - UNIT CITATION - - NO EMBLEM AUTHORIZED" to item 55 (Remarks) on his WD AGO Form 53-55; and

         e. by adding the Netherlands Orange Lanyard and the Belgian Fourragere to item 33 (Decorations and Citations) on his WD AGO Form 53-55.

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

BOARD VOTE:

MKP____ CJP____ HBO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Margaret K. Patterson_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072314
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020829
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.	100.0000
3.
4.
5.
6.