PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 March 2003
         DOCKET NUMBER: AR2002076066


         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. Edmund P. Mercanti		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Melvin H. Meyer		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.

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2. The applicant requests that the Ardennes and Central Europe Campaigns be added to his separation document along with his Presidential Unit Citation and his Bronze Star Medal (BSM). He also requests that his rank be changed from Tec 4 to Tec 3.

3. The applicant states that his supporting documents will substantiate his entitlement to these awards and his rank at the time of his separation.

4. In support of his request, he submits a BSM Certificate issued on 18 March 1991, based upon his Combat Medical Badge (CMB). He also submits a document showing that a unit was awarded eight bronze service stars during World War II (WWII).

5. The applicant’s military records could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, Missouri, in 1973. However, limited medical records were provided to the Board as well as the applicant’s separation documents.

6. He was inducted and entered active duty on 13 February 1942. He was awarded the military occupational specialty of surgical technician and served in the European-African-Middle Eastern (EAME) theater of operations from 19 October 1942 to 14 June 1945.

7. On 1 August 1944, the applicant was treated for shrapnel wounds. His rank was listed as Tec 3 at that time. On 15 November 1944, the applicant was again treated for shrapnel wounds. His rank was listed as Tec 4 at that time.

8. On 19 June 1945, the applicant was given a separation physical examination.  In that examination he was listed as a Tec 4. On the applicant’s final payroll he was listed as a Tec 4.

9. On 20 June 1945, the applicant was honorably released from active duty. His separation document shows that he was awarded the Good Conduct Medal, the Purple Heart with oak leaf cluster (two awards), and the EAME Campaign Medal.  Item 31 of his separation document, Military Qualification and Date, has “Unknown” entered. Item 32 of this form, Battles and Campaigns, has Algeria, French Morocco, Tunisia, Sicily, Normandy, Northern France, and Rhineland Campaigns entered.

10. The WWII Victory Medal was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows the applicant’s unit, the Medical Detachment, 3^rd Battalion, 47^th Infantry Regiment, as having been given credit for participating in the Algeria, French Morocco, Tunisia, Sicily, Normandy, Northern France, Ardennes-Alsace, Central Europe and Rhineland Campaigns.

12. This pamphlet also shows that the applicant’s unit was awarded the Meritorious Unit Commendation (MUC) and the Arrowhead device (denotes assault landing) during the time that the applicant was assigned

13. During WWII, the enlisted grade structure of the Army was as follows:

Grade 1  M/Sgt
Grade 2  T/Sgt & 1^st Sgt
Grade 3  S/Sgt & Tec 3^rd Grade
Grade 4  Sgt & Tec 4^th Grade
Grade 5  Cpl & Tec 5^th Grade
Grade 6  Pvt 1^st Class
Grade 7  Private

14. Army Regulation 600-8-22 provides that the Combat Medical Badge is awarded to medical department personnel (colonels and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy. Information supplied by the Center for Military History shows that the applicant's unit was assigned to First Army. Although the company was frequently further attached to support operations of corps and divisions only medical personnel in the organic medical companies of the infantry regiments historically met the requirements for qualifying service for the Combat Medical Badge.

15. The BSM, with accompanying ribbons and appurtenances, which was first established by Executive Order No. 9419 of February 4, 1944, was again authorized by Executive Order Number 11046 on 24 August 1962. These Executive Orders stated that the BSM may be awarded by the Secretary of a military department or the Secretary of Transportation with regard to the Coast Guard when not operating as a service in the Navy, or by such military commanders, or other appropriate officers as the Secretary concerned may designate, to any person who, while serving in any capacity in or with the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United States, after December 6, 1941, distinguishes, or has distinguished, himself by heroic or meritorious achievement or service, not involving participation in aerial flight:

         (a) while engaged in an action against an enemy of the United States;

         (b) while engaged in military operations involving conflict with an opposing foreign force; or
         (c) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

16. These Executive Orders were used to establish a WWII specific provision for award of the BSM 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 where such achievement or service, during the period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge (CIB) or CMB is considered to be a citation in orders.  This means, in effect, that the BSM was awarded to individuals who were authorized the CIB or CMB for service during WWII.

CONCLUSIONS:

1. One document in the applicant’s remaining military records shows him as a Tec 3. All subsequent documents, including his final pay voucher, show him as a Tec 4. This sequence would lead the Board to believe that the applicant was reduced in rank for some unknown reason.

2. As for the BSM, the applicant was awarded this medal in 1991 based upon his CMB and the Executive Order issued on 24 August 1962. However, the CMB is not listed on the applicant’s separation document nor are there any orders for the CMB contained in his military records. However, the applicant was a surgical technician, he was assigned to an infantry regiment, and he was twice wounded in combat. As such, he met the criteria for award of the CMB and, as a result of his CMB, the BSM.

3. The applicant is also entitled to be given credit for having participated in the Ardennes-Alsace and Central Europe Campaigns.

4. The applicant is also entitled to the MUC, the WWII Victory Medal and the Arrowhead device.

5. In addition, the applicant should be awarded one silver and four bronze service stars for wear on his already issued EAME Campaign Medal.

6. It would only be proper and just to add all of these awards to the applicant’s separation document.

7. 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:

         a. awarding to the individual concerned the MUC, the Arrowhead device, the WWII Victory Medal and one silver and four bronze service stars for wear on his already issued EAME campaign medal; and

         b. adding the CMB, the BSM and the Ardennes-Alsace and Central Europe Campaigns, as well as his other awards, to his separation document.

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

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076066
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030325
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.	107.00
2.
3.
4.
5.
6.