PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 April 2003
         DOCKET NUMBER: AR2002076619


         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
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Roger W. Able		Member
Mr. Patrick H. McGann, Jr.		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 amended to add all awards that were issued to him (i.e., the Silver Star, the Expert Infantryman Badge, two Bronze Star Medals (BSMs) for valor, "Airborne Glider Assault Wings," the Parachutist Badge, the "Army Amphibious Badge," the European-African-Middle Eastern (EAME) Campaign Medal with 3 bronze service stars, the Army of Occupation Medal, and the French Legion of Merit).

3. With regard to award of the Silver Star and the BSMs for valor, the Board has noted the applicant's contentions and description of the action for which he contends he was awarded the Silver Star and at least one BSM for valor. A search of the historical files of Company B, 410th Infantry Regiment, 103d Infantry Division at the National Archives, College Park, MD failed to confirm that he was awarded the Silver Star or the Bronze Star Medal. Accordingly, it is noted that he has not exhausted his administrative remedies and has been advised by separate correspondence to submit a recommendation for award of these awards under the provisions of Title 10, U. S. Code, section 1130.

4. The applicant states that the French Legion of Merit was awarded for being attached to the French Army for about 3 months beginning around 1 December 1944. He earned the other requested awards.

5. 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.

6. The applicant was inducted into the Army on 23 July 1942 and entered active duty on 6 August 1942. He arrived in the European Theater of Operations on 10 September 1944. He departed around September 1945. He separated on 18 November 1945.

7. The applicant's WD AGO Form 53-55 shows he received participation credit for the Rhineland and Central Europe campaigns. It shows he was awarded the Combat Infantryman Badge, the American Theater Campaign Medal, the EAME Campaign Medal with 2 bronze service stars, the Army Good Conduct Medal, and the World War II Victory Medal. It shows his organization as Company B, 410th Infantry.

8. On 8 April 1948, the applicant was awarded the Bronze Star Medal for meritorious achievement in ground operations against the enemy.

9. The Bronze Star Medal was established by Executive Order 9419, 4 February 1944. Army Regulation 600-8-22 (Military Awards) provides for the award of the BSM to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. It also 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.

10. Army Regulation 600-8-22 provides for award of the Expert Infantryman Badge to soldiers who meet the prerequisites (be an infantryman) and take the Expert Infantryman Badge test with an infantry unit of at least battalion size.

11. Army Regulation 600-8-22 provided for award of the Glider Badge (no longer awarded effective 3 May 1961) to soldiers with sufficient documentation to show that the proficiency tests then prescribed were satisfactorily completed while assigned or attached to an airborne unit. It could also be awarded through participation in at least one combat glider landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander.

12. Army Regulation 600-8-22 provides for award of the Parachutist Badge to an individual who has satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School. It may also be awarded to an individual who has participated in at least one combat parachute jump as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing, or while engaged in military operations involving conflict with an opposing foreign force, or 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.

13. Army Regulation 600-8-22 does not list an "Army Amphibious Badge." It does provide for the wear of an arrowhead device on the appropriate service ribbon to denote participation in an amphibious assault landing. Individual assault credit is tied directly to the combat assault credit decision for the unit to which the soldier is attached or assigned at the time of the assault. Should a unit be denied assault credit, no assault credit will accrue to the individual soldiers of that unit.

14. Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service ribbon for each credited campaign.

15. Army Regulation 600-8-22 provides for award of the Army of Occupation Medal with Germany clasp for soldiers who served in the ETO during the occupation of Europe.
16. Army Regulation 600-8-22 does not contain a reference to the French Legion of Merit.

17. Army Regulation 600-45 (Decorations), dated 22 September 1943, provided that members of the armed forces of the United States were authorized during World War II and for a year thereafter to accept from the governments of cobelligerent nations such decorations as would be tendered them and which were conferred by such governments upon members of their own military forces. Thereby the consent of Congress required for that purpose was expressly granted.

18. Army Regulation 600-45 further provided that offers by the governments of cobelligerent nations to personnel of the U. S. Army of decorations, except offers of immediate combat awards in the field, were made by the offering government to the War Department through the Department of State. Such decorations could not be received, accepted, or worn by members of the U. S. Army unless the award and presentation had first been approved by the War Department. Immediate combat awards in the field could be accepted with prior concurrence of the senior U. S. field commander present.

19. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II. This document shows that the 410th Infantry Regiment received participation credit for 3 campaigns – Alsace-Lorraine, Rhineland, and Central Europe.

20. Department of the Army Pamphlet 672-1 also shows that the 410th Infantry Regiment received occupation credit for Germany. It does not show that the unit was involved in any assault landings or was awarded any foreign awards.

CONCLUSIONS:

1. It appears the applicant was assigned to a unit that received participation credit for 3 campaigns – Alsace-Lorraine in addition to the Rhineland and Central Europe campaigns already listed on his WD AGO Form 53-55. His WD AGO Form 53-55 should be amended to add the additional campaign and to show he is authorized to wear 3 bronze service stars with the EAME Campaign Medal.

2. It appears the applicant was awarded the BSM in 1948 based upon his award of the Combat Infantryman Badge. The BSM should be added to his WD AGO Form 53-55.

3. It appears the applicant was assigned to a unit during a period of time it was authorized occupation credit. The Army of Occupation Medal with Germany clasp should be added to his WD AGO Form 53-55.

4. There is no evidence of record and the applicant provides none to show he was awarded or met the eligibility criteria for award of the Expert Infantryman Badge, the Glider Badge, the Parachutist Badge, or the arrowhead device denoting amphibious assault credit.

5. There is no evidence of record and the applicant provides none to show he or his unit was awarded the French Legion of Merit. In the absence of orders awarding the applicant or his unit this foreign award or other approval by the appropriate military official to accept and wear this foreign award, there is no basis to correct his records to show this foreign award.

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

RECOMMENDATION:

1. That the applicant's WD AGO Form 53-55 be amended:

a. to add the Alsace-Lorraine campaign in item 32; and

b. to add the Bronze Star Medal and the Army of Occupation Medal with Germany clasp and to show he is authorized to wear 3 bronze service stars with the EAME Campaign Medal in item 33.

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

BOARD VOTE:

__sac___ __rwa___ __phm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Samuel A. Crumpler_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076619
SUFFIX
RECON
DATE BOARDED	20030403
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	110.04
2.
3.
4.
5.
6.