Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002075964C070403
Original file (2002075964C070403.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 October 2002
         DOCKET NUMBER: AR2002075964


         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Ms. Margaret K. Patterson Member
Mr. Arthur A. Omartian 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 that his Enlisted Record and Report of Separation, WD AGO Form 53-55, be amended to add the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM) and to show he was assigned to Company C, 370th Infantry, 92d Division.

3. The applicant states that he was in a segregated unit and the failure to add the CIB and the BSM may have been an oversight.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

5. The applicant was inducted into the Army on 23 November 1942 and entered active service on 30 November 1942. He arrived in the European-African-Middle Eastern Theater of Operations on 29 July 1944. He departed on 16 November 1945 after being credited with three campaigns. He separated on 4 December 1945. His WD AGO Form 53-55, item 6 shows his organization as Company C, 370th Infantry. Item 33 shows he was awarded the European-African-Middle Eastern Theater Service Medal (now known as the European-African-Middle Eastern Campaign Medal) with no bronze service stars.

6. The applicant's final payment work sheet, WD Form 372A, shows he was paid combat infantryman pay from 1 September - 4 December 1945 in the amount of $31.33.

7. War Department Circular Number 408, Expert and Combat Infantryman Badges, Award, and Additional Pay, dated 17 October 1944 cited Public Law 393, 78th Congress, approved 30 June 1944 which provided that during the war and for 6 months thereafter any enlisted man of the combat ground forces of the Army who was entitled to wear the Expert Infantryman Badge or the CIB would be paid additional compensation at the rate of $5 per month when he was entitled to wear the Expert Infantryman Badge and at the rate of $10 per month when he was entitled to wear the CIB.

8. Army Regulation 600-8-22 provides for award of the BSM to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat. It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.

9. Department of the Army Pamphlet 672-1 verifies that the 370th Infantry was in the 92d Division.
CONCLUSIONS:

1. The evidence of record shows that the applicant was paid combat infantryman pay at the rate of $10 per month for the period 1 September through 4 December 1945. He would not have been authorized this pay, at that rate, unless he had been entitled to wear the CIB.

2. Because there is sufficient evidence of record to show the applicant was entitled to wear the CIB, he is entitled to award of the BSM based upon the award of the CIB. He is also entitled to wear three bronze service stars on the European-African-Middle Eastern Campaign Medal.

3. The applicant is requesting a minor correction to item 6 of his WD AGO 53-55 to add the 92d Division. As the 370th Infantry was part of the 92d Division, it would be appropriate to make this minor correction at this time.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Combat Infantryman Badge and the Bronze Star Medal.

2. That the applicant's WD AGO Form 53-55 be amended to add the Combat Infantryman Badge and the Bronze Star Medal, to show he is authorized to wear three bronze service stars with the European-African-Middle Eastern Campaign Medal, and to show his organization as Company C, 370th Infantry, 92d Division.

BOARD VOTE:

__RVO__ __MKP _ __AAO __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor, Jr. _
                  CHAIRPERSON




INDEX

CASE ID AR2002075964
SUFFIX
RECON
DATE BOARDED 2002/10/01
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0110
2. 107.0014
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY2010 | 20100021295

    Original file (20100021295.txt) Auto-classification: Approved

    The applicant, the grandson of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Combat Infantryman Badge (CIB) and, if eligible, "battle stars" (formally known as bronze service stars) for the CIB. The record is void of documentation showing the FSM was awarded the CIB or that he served in an infantry military occupational specialty while assigned to an infantry...

  • ARMY | BCMR | CY2005 | 20050018135C070206

    Original file (20050018135C070206.doc) Auto-classification: Approved

    The applicant requests that his WD AGO Form 53-55 (Enlisted Records and Report of Separation Honorable Discharge) be corrected to show the awards of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM) by virtue of the CIB. Therefore, he is entitled to correction of his records to show award of the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Combat Infantryman Badge, Bronze...

  • ARMY | BCMR | CY2013 | 20130008883

    Original file (20130008883.txt) Auto-classification: Approved

    The applicant's complete military records are not available to the Board for review. Service between 9 May 1945 and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge during World War II * deleting from his WD AGO Form 53-55...

  • ARMY | BCMR | CY2009 | 20090009116

    Original file (20090009116.txt) Auto-classification: Approved

    The applicant, the widow of a deceased former service member (FSM), requests correction of the WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) of her late husband by adding the Combat Infantryman Badge (CIB) and a "Century Division Rangers Certificate of Proficiency." The evidence further confirms the FSM was receiving combat infantry pay at the time of his separation, which was only authorized to holders of the CIB, as evidenced by the WD Form 372 A...

  • ARMY | BCMR | CY2009 | 20090017562

    Original file (20090017562.txt) Auto-classification: Approved

    The applicant requests that the records of her late husband, a former service member (FSM), be corrected to show award of the Bronze Star Medal (BSM), Purple Heart, Presidential Unit Citation, bronze arrowhead device, Parachutist Badge with two battle jump stars (correctly known as bronze service stars), and Combat Infantryman Badge (CIB). The applicant states the FSM participated in the Normandy, Rhineland, Ardennes, and Central Europe campaigns and is entitled to the BSM, Purple Heart,...

  • ARMY | BCMR | CY2008 | 20080002790

    Original file (20080002790.txt) Auto-classification: Approved

    The counsel states requests correction of the applicant's records to show award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM). However, the applicant's WD AGO Form 53-55 shows he was awarded the Purple Heart for wounds received in action and his WD AGO Form 100 shows that he served as a platoon leader in an infantry unit while he actively participated in combat with enemy forces. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2004 | 2004104893C070208

    Original file (2004104893C070208.doc) Auto-classification: Approved

    Melvin H. Meyer | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Further, the evidence of record confirms that based on his service and campaign participation in the ETO, the applicant is entitled to the Army of Occupation Medal with Germany Clasp and to 2 bronze service stars with his European-African-Middle Eastern Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2009 | 20090000536

    Original file (20090000536.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), dated 15 January 1946, be corrected to reflect his military occupational specialty (MOS) as machine gunner vice light truck driver and to include all awards he is entitled to based on his military service. The applicant's military record is not available to the Board for review.

  • ARMY | BCMR | CY2009 | 20090001344

    Original file (20090001344.txt) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form 53-55 does not show award of the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the Combat Infantryman Badge, the Bronze Star Medal, and the World War II Victory Medal.

  • ARMY | BCMR | CY2009 | 20090001190

    Original file (20090001190.txt) Auto-classification: Approved

    The applicant requests, in effect, that his record and separation document (WD AGO Form 53-55) be corrected to add the Purple Heart he was awarded for being wounded in action in Germany in September 1944, and by providing him the correct disability compensation due from the date of his discharge in 1945. Although this treatment record does not indicate the injury was battle related, a WD AGO Form 106, dated 29 November 1945 and War Department Letter Order, dated 4 January 1946, published by...