PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 December 2002
         DOCKET NUMBER: AR2002075497


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Mr. Ted S. Kanamine		Member
Mr. Conrad V. Meyer		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 Infantry Badge, the Combat Infantry Badge, the Army of Occupation Ribbon, the Bronze Star Medal and all other awards he is authorized.

3. The applicant states that he has not received all of his authorized awards. He was inducted in August 1944, and after training as a rifleman, was shipped overseas and assigned to 4^th Platoon, Company F, 2^nd Battalion, 317^th Infantry Regiment, and 80th Division of the Third Army. He recalls that he received a $10.00 monthly supplement for combat infantry duty. He believes he is entitled to the Bronze Star Medal for actions he took on February 1945. At that time, he and another soldier entered a minefield to rescue an injured soldier. It was his understanding that a lieutenant and the company commander submitted the paper work for the award. Also, he has been informed that a former President awarded the Bronze Star Medals to all rear echelon troops who were sent to the front during the Battle of the Bulge and served for two weeks. Near the end of the war, his unit, the 80^th Division, was disbanded and he was transferred to an artillery battalion until he was shipped home.

4. In support of his request, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), and two personal statements. In addition, he submits a three-ring binder containing dozens of personal letters, pictures and an envelope to prove that during World War II, he sent and received mail while assigned to Company F, 317^th Infantry.

5. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. The only item retrieved from the National Personnel Records Center was a Final Payment – Work Sheet, which reflects that the applicant received $20.00 combat infantry pay.

6. The applicant’s WD AGO Form 53-55 reflects that he was inducted on 24 August 1944, and served as a machine gunner, military occupational specialty number 604. It reflects also, that he participated in the Ardennes, Central Europe, and Rhineland Campaigns, and served in the European Theater of Operations from 17 January 1945 through 17 July 46. He was honorably discharged at demobilization on 1 August 1946, in the rank of staff sergeant. Item 6 (Organization) reflects the entry Headquarters Battery Antiaircraft Artillery, Automatic Weapons Battalion.

7. His awards include the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal and the World War II Victory Medal.





8. 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 that served during World War II. This document shows that the unit, to which the applicant was assigned, the 317^th Infantry Regiment, 80^th Division, received the Distinguished Unit Commendation (now known as the Presidential Unit Citation) on 28 March 1945, by War Department General Order 124. The unit also received occupation credit for Germany for the period from 2 May through 30 October 1945.

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 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.



11. The same regulation provides that the Bronze Star Medal is also 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.

12. The same regulation provides 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, shows that the applicant’s unit during World War II was awarded occupation credit which is authority for award of the Army of Occupation Medal to soldiers assigned to the unit during the period of qualifying service.

13. The same regulation provides that a Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. In the applicant’s case, he is entitled to wear three Bronze Service Stars on his European-African-Middle Eastern Campaign Medal for the campaigns reflected on his WD AGO 53-55.

CONCLUSIONS:

1. While there are no “other” official records available to validate that he served as an infantryman while assigned to an infantry unit, his personal statement, the documents he has provided and the Final Payment – Work Sheet, are convincing evidence that support his request. Accordingly, the Board concludes that he should be awarded the Combat Infantryman Badge. However, it should be noted that there is no award known as the “Infantry Badge.”

2. By virtue of his having been awarded the Combat Infantryman Badge for World War II service, he is entitled to award of the Bronze Star Medal under rules established subsequent to World War II for awarding the Bronze Star Medal.

3. While the applicant was assigned to the 317^th Infantry Regiment, the unit was cited for two awards: the Presidential Unit Citation and occupation credit for the occupation of Germany, which is recognized with the Army of Occupation Medal with Germany Clasp. Therefore, he is entitled to correction of his records to reflect these awards.



4. He was also credited with participation in three campaigns; therefore he is authorized three Bronze Service Stars to be worn on his European-African-Middle Eastern Campaign Medal.

5. There is no available evidence that the applicant was recommended for or awarded the Bronze Star Medal for actions he states he took in February 1945. In the absence of a recommendation for the award or a General Order awarding the medal, there is insufficient evidence upon which to base award of the Bronze Star Medal for a specific act.

6. The Board is not aware of and the applicant has submitted no documentation in support of his statement regarding a Presidential decision to award soldiers who participated in the Battle of the Bulge the Bronze Star Medal. In addition, there is no such award as the Infantry Badge. Therefore, the Board will take no action on these matters.

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 Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge, the Army of Occupation Medal with Germany Clasp, three Bronze Service Stars to be worn on his European-African-Middle Eastern Campaign Medal, and Presidential Unit Citation.

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

BOARD VOTE:

__cla____ __tsk____ ___cvm_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Celia L. Adolphi___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075497
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021210
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.