PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 December 2002
         DOCKET NUMBER: AR2002075457


         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:

Mr. Fred N. Eichorn		Chairperson
Mr. James E. Anderholm		Member
Ms. Charmane Collins		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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected:

(a) by deleting the entry "4 June 1943" from item 22 (Date of Induction);

(b) by showing in item 23 (Date of Enlistment) that he enlisted in the Enlisted Reserve Center (ERC) on "20 October 1942";

(c) by showing in item 26 (Selective Service Data) the entry "NO" to indicate that he did not register in the Selective Service;

(d) by showing in item 31 (Military Qualifications and Date) that he was awarded marksmanship badges for qualification as an expert with the Colt .45 pistol, the carbine, the M-1 rifle, the "Springfield" rifle, the 30 and 50 caliber machine guns, the 60 and 81 millimeter mortars, and that he qualified as a sniper;

(e) by showing in item 33 (Decorations and Campaigns) award of the Bronze Star Medal, the Combat Infantryman Badge, unspecified campaign ribbons and an unspecified number of battle stars (currently known as bronze service stars);

(f) by showing in item 37 (Total Length of Service) his correct length of service; and

(g) by showing in item 41 (Service Schools Attended) that he completed the Army Specialized Training Program in mechanical engineering from October 1943 to April 1944 at Texas Technological College.

3. The applicant states, in effect, that his discharge document has errors and is incomplete. In support of his application, he submitted a supplemental letter; a copy of his WD AGO Form 53-55; his Honorable Discharge Certificate; general orders published by Headquarters 103rd Infantry Division, Office of the Commanding General; and a certificate from the Army Specialized Training Program.

4. The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he was inducted in the ERC on 20 October 1942. He entered active duty on 4 June 1943 and completed training as a scout. The applicant served in the European-African-Middle Eastern Theater of Operations from 20 October 1944 to 19 February 1946 and was honorably discharged from active duty on 5 March 1946 on a partial service record and affidavit from the applicant.

5. The applicant's WD AGO Form 53-55 shows he was inducted in the Army on 4 June 1943 in item 22.

6. The applicant's WD AGO Form 53-55 shows he served in the ERC from 20 October 1942 to 3 June 1943. His discharge document shows he was inducted in the Army of the United States (AUS) in item 5 (Component).

7. The applicant's WD AGO Form 53-55 does not show any entry in item 23.

8. The block "YES" is marked in item 26 on the applicant's WD AGO Form 53-55 to indicate that he registered in the Selective Service.

9. The applicant's WD AGO Form 53-55 does not show any marksmanship qualification badges. Item 31 on his discharge document shows the entry "UNKNOWN."

10. There are no orders in the applicant's personnel records which show he was awarded marksmanship badges.

11. There is no evidence available to the Board which shows the applicant met the requirements for qualification as an expert with the colt .45 pistol, the carbine, the M-1 rifle, the "Springfield" rifle, the 30 and 50 caliber machine guns, or the 60 and 81 millimeter mortars. There is also no evidence available to the Board which shows the applicant qualified as a sniper.

12. The applicant's WD AGO Form 53-55 does not show the Bronze Star Medal as an authorized award.

13. The applicant provided a copy of Headquarters, 103rd Infantry Division General Orders Number 186, dated 21 June 1945, which awarded him the Bronze Star Medal for heroic achievement in action in France on 19 January 1945.

14. The applicant's WD AGO Form 53-55 does not show entitlement to the Combat Infantryman Badge.

15. War Department Form 372A (Final Payment – Work Sheet) shows the applicant received combat infantry pay from January 1 to March 5, 1946.

16. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Theater Campaign Ribbon and the American Theater Campaign Ribbon as authorized awards.

17. Review of the applicant's service personnel records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional campaign ribbons for the applicant's service during World War II.

18. The applicant's WD AGO Form 53-55 shows he received campaign credit for participation in Rhineland and Central Europe.

19. Item 37 on the applicant’s WD AGO Form 53-55 shows he completed 1 year, 4 months and 6 days of continental service. His discharge document also shows he completed 1 year, 4 months and 26 days of foreign service.

20. The applicant's WD AGO Form 53-55 shows he entered active duty on 4 June 1943 and was discharged on 5 March 1946. This is a period of 2 years, 9 months and 2 days of total active service.

21. Item 36 (Service Outside Continental United States and Return) on the applicant's WD AGO Form 53-55 shows he departed continental United States on 6 October 1944 and returned to the United States on 1 March 1946. This is a period of 1 year, 4 months and 26 days of foreign service.

22. By subtracting the applicant's foreign service from his total active service shows that he served 1 year, 4 months and 6 days of continental service.

23. Item 41 on the applicant's WD AGO Form 53-55 shows the entry "NONE."

24. The applicant provided a certificate from the Army Specialized Training Program which shows he successfully completed training in mechanical engineering at the Texas Technological College in Lubbock, Texas on 1 April 1944.

25. 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 that special proficiency (Example: "Expert Infantryman", "Combat Infantryman", "Expert Gunner", or "Pilot", etc.) and date shown in Service Record or on WD AGO Form 20 will be entered in item 31 (Military Qualifications and Date).

26. 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.

27. 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)

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

29. Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

30. Department of the Army Technical Manual TM 12-235 states that the individual’s total length of current period of active duty as represented by continental service and foreign service will be entered in item 37 (Total Length of Service) of the WD AGO Form 53-55.

31. Department of the Army Technical Manual TM 12-235 states, in pertinent part that item 41 (Service Schools Attended) will be completed to show the service schools at which the soldier completed course satisfactorily.

CONCLUSIONS:

1. The Board considered the applicant's request for deletion of the entry "4 June 1943" from item 22 on his WD AGO Form 53-55.

2. Notwithstanding the applicant's contention that he was not inducted and that he enlisted in the ERC on 20 October 1942, evidence available to the Board shows he was inducted in the AUS and served in the ERC from 20 October 1942 to 3 June 1943. Therefore, it would be appropriate to amend item 22 on his WD AGO Form 53-55 to show the entry " 20 October 1942."

3. Based on paragraph 2, above, there is no basis for amending item 23 to show the applicant enlisted in the Army on "20 October 1942."

4. The Board considered the applicant's request to show the entry "NO" in item 26 on his WD AGO Form 53-55 to indicate that he did not register in the Selective Service.

5. The applicant's WD AGO Form 53-55 shows he served in the ERC prior to his entry on active duty and the block "YES" is appropriately marked in item 26 on his WD AGO Form 53-55. Therefore, there is no basis for amending item 26 on his WD AGO Form 53-55 to show the entry "NO."

6. The Board also considered the applicant's request for correction of his WD AGO Form 53-55 to show he was awarded marksmanship badges.

7. There is no evidence available to the Board which shows the applicant was awarded marksmanship badges or that he qualified as an expert with the colt .45 pistol, the carbine, the M-1 rifle, the "Springfield" rifle , the 30 and 50 caliber machine guns, or the 60 and 81 millimeter mortars. There also is no evidence available to the Board which shows he qualified as a sniper. Therefore, there is no basis for correcting his WD AGO Form 53-55 to show marksmanship badges.

8. Orders show the applicant was awarded the Bronze Star Medal for heroic achievement in action on 19 January 1945 in France. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Bronze Star Medal with "V" Device.

9. Evidence available to the Board shows the applicant served as an infantryman with the 3rd Battalion, 411th Infantry Regiment during World War II. Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

10. The applicant received award of the Bronze Star Medal with "V" Device prior to his separation from active duty on 5 March 1946. After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II. Therefore, the applicant is entitled to two awards of the Bronze Star Medal and correction of his records to show the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device.

11. The Board further considered the applicant's request for correction of his records to show campaign ribbons.

12. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Theater Campaign Ribbon and the American Theater Campaign Ribbon as authorized awards. However, there is no evidence available to the Board which shows the applicant is entitled to additional campaign ribbons for his service during World War II. Therefore, there is no basis for amending his WD AGO Form 53-55 to show additional campaign ribbons.

13. The applicant's WD AGO Form 53-55 shows he received campaign credit for participation in Rhineland and Central Europe. Therefore, the applicant is entitled to two bronze service stars to be worn on his European-African-Middle Eastern Theater Campaign Ribbon and correction of his WD AGO Form 53-55 to show the European-African-Middle Eastern Theater Campaign Ribbon with two bronze service stars.

14. The Board carefully reviewed the applicant's length of service in item 37 on his WD AGO Form 53-55. As a result, the Board determined that the applicant's continental service and foreign service are properly shown on his discharge document. Therefore, there is no basis for amending the applicant's length of service.

15. The Board also considered the applicant's request to amend item 41 on his WD AGO Form 53-55 to show he completed training in the Army Specialized Training Program at Texas Technological College.

16. The certificate submitted by the applicant indicates that he successfully completed training in mechanical engineering at the Texas Technological College in April 1944. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the entry "Texas Technological College, April 1944."

17. 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 showing the individual concerned was awarded the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device, the Combat Infantryman Badge, the European-African-Middle Eastern Theater Campaign Ribbon with two bronze service stars;

b. by deleting the entry "4 JUN 43" from item 22 on his WD AGO Form 53-55;

c. by adding the entry "20 October 1942" to item 22 on his WD AGO Form 53-55; and

d. by amending item 41 to show the entry "Texas Technological College, April 1944."

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

BOARD VOTE:

FNE____ JEA_____ CC______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075457
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021203
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.