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ARMY | BCMR | CY2002 | 2002075353C070403
Original file (2002075353C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 7 November 2002
         DOCKET NUMBER: AR2002075353

         I certify that hereinafter is recorded the record of consideration 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 V. O’Connor Chairperson
Mr. Thomas B. Redfern Member
Mr. Donald P. Hupman Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, award of the European-African-Middle Eastern (EAME) Campaign Medal with eight bronze service stars instead of the EAME Campaign Medal with four bronze service stars.

APPLICANT STATES: That he should have received eight bronze service stars but he only received four. He contends that he should have received bronze service stars for “Naples”, “Alpine Mtns” [Mountains], “Anzio” and “Cassino.” He also contends that he had a run in with the First Sergeant and the First Sergeant messed with his records.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant was inducted on 2 January 1943. He served as a light truck driver in the European Theater of Operations from 21 June 1943 through 21 August 1945 and was honorably discharged on 13 September 1945. He enlisted on
12 December 1945, served as a light truck driver and was honorably discharged on 21 February 1949. He entered active duty again on 2 May 1949 and remained on active duty through continuous reenlistments until he retired on
30 June 1972 in the rank of specialist five after completing over 29 years of active duty.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the EAME Campaign Medal with eight bronze service stars as an authorized award. His WD AGO Form 53-55 does show the EAME Campaign Medal.

Item 32 (Battles and Campaigns) on the applicant’s WD AGO Form 53-55 shows that he participated in four campaigns, the Naples-Foggia, the Rome-Arno, the North Apennines and the Po Valley.

The applicant’s WD AGO Form 24 (Service Record) shows that he participated in four campaigns, the Naples-Foggia, the Rome-Arno, the North Apennines and the Po Valley.

The applicant’s WD AGO Form 24 shows that he was assigned to Company A, Supply Battalion of the 1st Armored Division from 26 August 1943 through
14 January 1945; he was assigned to the Medical Detachment, Supply Battalion of the 1st Armored Division from 15 January 1944 through 19 July 1944; assigned to Headquarters and Headquarters Company, Division Trains of the 1st Armored Division from 20 July 1944 through 8 February 1945; and assigned to the 87th Mountain Infantry Regiment from 9 February 1945 to 25 July 1945.

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, campaign credit during World War II. This document shows the units to which the applicant was assigned, Company A, Supply Battalion of the 1st Armored Division received campaign credit for the Naples-Foggia Campaign while he was assigned to it; Headquarters and Headquarters Company, Division Trains of the 1st Armored Division received campaign credit for the Naples-Foggia Campaign, the Rome-Arno Campaign and the Northern Apennines Campaign while he was assigned to it; and the 87th Mountain Infantry Regiment also received campaign credit for the Northern Apennines Campaign and the Po Valley Campaign while he was assigned to it.

Department of the Army Pamphlet 672-1 does not show that the applicant’s unit, the Medical Detachment, Supply Battalion of the 1st Armored Division received campaign credit for the Anzio Campaign (22 January 1944 to 24 May 1944).

A DD Form 215 (Correction to DD Form 214), issued on 24 March 1994, amended the applicant’s records to show award of the EAME Campaign Medal with four bronze service stars.

Evidence of record shows the applicant received campaign credit for the Naples-Foggia Campaign; therefore, this portion of the applicant’s request for campaign credit for “Naples” will not be discussed further in this Memorandum of Consideration.

Army Regulation 600-8-22 (Military Awards) does not show the “Alpine Mnts” or the “Cassino” as authorized campaigns during World War II. Therefore, this portion of the applicant’s request will not be discussed further in this Memorandum of Consideration.

Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form
53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board noted the applicant’s contention that he should have received eight bronze service stars for his campaign participation during World War II. However, the evidence of record does not support this contention.

2. Evidence of record shows the applicant’s units participated in four campaigns (Naples-Foggia, Rome-Arno, North Apennines and Po Valley) during World War II.

3. Evidence of record also shows that the applicant’s records were corrected to show award of the EAME Campaign Medal with four bronze service stars as evidenced by the DD Form 215, dated 24 March 1994.

4. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he participated in the Anzio Campaign during World War II. Therefore, the Board determined that there is insufficient evidence on which to award a fifth bronze service star to be affixed to the EAME Campaign Medal in this case.

5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

6. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

RVO____ TBR____ DPH_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002075353
SUFFIX
RECON
DATE BOARDED 20021107
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0065
2.
3.
4.
5.
6.


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