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Decision Text

ARMY | BCMR | CY2002 | 2002075316C070403
Original file (2002075316C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 October 2002
         DOCKET NUMBER: AR2002075316


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Mr. Roger W. Able Member
Mr. John T. Meixell 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, as the widow of a deceased former service member (FSM), correction of her late husband’s military records to show award of the World War II Victory Medal and the Combat Infantryman Badge.

3. The applicant states that she was informed by a veterans representative that her late husband may be eligible for these awards. In support of her application, she submits a copy of the FSM’s Enlisted Record and Report of Separation; their Marriage Certificate and the FSM’s Death Certificate.

4. The FSM’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the FSM was inducted on 11 June 1942. He served as a heavy mortar crewman in the European Theater of Operations from 16 April 1944 through 11 September 1945 and was honorably discharged on 10 October 1945.

5. The FSM’s Enlisted Record and Report of Separation does not show the World War II Victory Medal or the Combat Infantryman Badge as authorized awards.

6. The available records contain War Department Form 372A (Final Payment -Work Sheet) which shows the FSM received combat infantry pay.

7. 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 FSM was assigned, the 315th Infantry Regiment of the 79th Division, received occupation credit for Germany for the period from 29 May to 14 August 1945 and from 4 September to 31 October 1945. The Army of Occupation Medal with Germany Clasp is not shown on his discharge document.

8. Army Regulation 600-8-22 (Military Awards) 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.

9. 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)

10. 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.

11. 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.

12. 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.

CONCLUSIONS:

1. The FSM is entitled to award of the World War II Victory Medal for his service during the period 11 June 1942 through 10 October 1945. Therefore, his military records should be corrected to show this medal.

2. The FSM received combat infantry pay during World War II. Therefore, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3. Based on award of the Combat Infantryman Badge, the FSM is also entitled to award of the Bronze Star Medal.

4. The FSM’s unit received occupation credit for Germany for the period from
29 May to 14 August 1945 and from 4 September to 31 October 1945. Therefore, the FSM is entitled to award of the Army of Occupation Medal with Germany Clasp.

5. The FSM is also entitled to award of the American Campaign Medal for his honorable service from 11 June 1942 to 10 October 1945. Therefore, his records should be corrected to show this medal.

6. In view of the foregoing, the FSM’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 FSM was awarded the World War II Victory Medal, the
Combat Infantryman Badge, the Bronze Star Medal (based on award of the






Combat Infantryman Badge), the Army of Occupation Medal with Germany Clasp and the American Campaign Medal.

BOARD VOTE:

RJW____ RWA___ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond J. Wagner__
                  CHAIRPERSON




INDEX

CASE ID AR2002075316
SUFFIX
RECON
DATE BOARDED 20021010
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0066
2. 107.0111
3. 107.0000
4.
5.
6.


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