PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 August 2002
         DOCKET NUMBER: AR2002074020


         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:

Ms. Melinda M. Darby		Chairperson
Mr. Curtis L. Greenway		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.

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2. The applicant requests award of the Combat Infantryman Badge, the Purple Heart, and Bronze Star Medals.

3. The applicant states that he was entitled to the Combat Infantryman Badge, the Purple Heart, and Bronze Star Medals which were not recorded on his discharge and that he never received these medals.

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 7 May 1943. He served in the European Theater of Operations from 16 April 1944 through 3 March 1946 as a truck driver and was honorably discharged on 16 March 1946.

5. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) does not show the Combat Infantryman Badge, the Purple Heart or the Bronze Star Medal as authorized awards in item 33 (Decorations and Citations).

6. The applicant’s WD AGO Form 53-55 does not show entitlement to the Combat Infantryman Badge in item 31 (Military Qualification and Date). There are no orders awarding him the Combat Infantryman Badge and there is no indication that he received combat infantry pay. His WD AGO Form 100 (Separation Qualification Record) shows that he served as a light truck driver in military occupational specialty (MOS) 345 while assigned to Headquarters and Headquarters Company of the 358th Infantry Regiment.

7. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.

8. The applicant’s WD AGO Form 53-55 does not show award of the Purple Heart in item 33 (Decorations and Citations) and does not show an entry in item 34 (Wounds Received in Action).

9. The applicant’s records contain a hospital admission card from the records maintained by the Office of The Surgeon General of the Army. This medical record shows that he was treated for a muscle hernia and conjunctivitis. There are no hospital admission records which show that he was treated as a result of wounds or injuries sustained as a result of hostile action.

10. There is no evidence in the records available to the Board which shows that the applicant was recommended for or awarded the Bronze Star Medal. There is no entry in item 33 of the applicant’s WD AGO Form 53-55 for award of the Bronze Star Medal.

11. The Board noted that the applicant was entitled to one bronze service star to be worn on his European-African-Middle Eastern Campaign Medal, award of the Meritorious Unit Commendation and award of the Army of Occupation Medal with Germany Clasp which are not shown on his WD AGO Form 53-55.

12. Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows that he received credit for participation in the Normandy Campaign during World War II. However, the applicant’s WD AGO Form 53-55 does not show the European-African-Middle Eastern Campaign Medal with one bronze service star in recognition of participation in the Normandy Campaign.

13. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II. This document shows the unit to which the applicant was assigned, the 358th Infantry Regiment, received two awards of the Meritorious Unit Commendation for actions during the period 1 July 1944 to 1 September 1944 and from 1 September 1944 to 1 March 1945 by Headquarters 90th Infantry Division General Orders Number 553, dated 17 June 1945.

14. Army Regulation 600-8-22 (Military Awards) provides that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations and unit awards, among which is the Meritorious Unit Commendation.

15. 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 358th Infantry Regiment, received occupation credit for Germany for the period from 20 May to 31 October 1945.

16. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay. Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award. The Awards Branch, Total Army Personnel Command, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

a. Light machine gunner (604)
b. Heavy machine gunner (605)
c. Platoon sergeant (651)
d. Squad leader (653)
e. Rifleman (745)
f. Automatic rifleman (746)
g. Heavy weapons NCO (812)
h. Gun crewman (864)

17. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

18. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

19. 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 (Battle and Campaigns) of the World War II discharge document. The regulation further states that authorized service stars will be worn on the appropriate service medal which in this case is the European-African-Middle Eastern Campaign Medal.

20. 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. This regulation authorizes award of the Army of Occupation Medal for qualifying service in Germany, Austria, Berlin, Italy, Japan, and Korea. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows those World War II units awarded occupation credit which is the authority for award of the Army of Occupation Medal to soldiers assigned to those units during the period of qualifying service.


CONCLUSIONS:

1. There is no evidence that the applicant served in an infantry MOS during World War II, that he received combat infantry pay, or that he was awarded the Combat Infantryman Badge. In the absence of records which show that he held an infantry MOS and was cited for exemplary conduct in action against the enemy, there is insufficient evidence upon which to base award of the Combat Infantryman Badge to the applicant.

2. There is no evidence that the applicant was wounded in action or treated for wounds sustained as a result of hostile action. In the absence of medical records which show the applicant was wounded or treated for wounds as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3. There is no evidence the applicant was recommended for or awarded the Bronze Star Medal. In the absence of a recommendation for award or a General Order awarding the Bronze Star to the applicant, there is insufficient evidence upon which to base award of the Bronze Star Medal in this case.

4. Records show that the applicant participated in the Normandy Campaign during World War II; therefore, he is entitled to one bronze service star to be worn on his European-African-Middle Campaign Service Medal.

5. While the applicant was assigned to the 358th Infantry Regiment, the unit was cited for two awards of the Meritorious Unit Commendation. Therefore, he is entitled to correction of his records to show the Meritorious Unit Commendation with First Oak Leaf Cluster.

6. While the applicant was assigned to the 358th Infantry Regiment, the unit received occupation credit for Germany. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

7. 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 European-African-Middle Eastern Campaign Medal with one bronze service star, the Meritorious Unit Commendation with First Oak Leaf Cluster, and the Army of Occupation Medal with Germany Clasp.

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

BOARD VOTE:

__MMD__ __RWA__ __CLG__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Ms. Melinda M. Darby___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074020
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020820
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.