PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 May 2003
         DOCKET NUMBER: AR2002078117


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Samuel L. Crumpler		Chairperson
Mr. Mark D. Manning		Member
Mr. Robert L. Duecaster		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 correction of his records to show award of the Silver Star and, in effect any other awards and decorations to which he may be entitled.

3. The applicant states that he was told that he had earned the Silver Star for action in the Po Valley as an infantryman. He contends that he was the first to cross the bridge at the Po Valley. In support of his application, the applicant submitted a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and undated copies of two newspaper articles describing actions for which the applicant received the first and second awards of the Bronze Star Medal.

4. The Board reviewed the applicant's request for award of the Silver Star. Based on review of the General Orders for the second award of the Bronze Star Medal to the applicant, it is clear that applicant was awarded the Bronze Star Medal with First Oak Leaf Cluster for his heroic actions while crossing a railroad bridge in the Po Valley on 23 April 1945. As a result, the applicant's request for award of the Silver Star is in fact a request to upgrade his award of the Bronze Star Medal for heroic action to award of the Silver Star. As such, this portion of his request requires submission to and consideration by the Army Decorations Board under Title 10, United States Code, Section 1130 before the Army Board for Correction of Military Records (ABCMR) can consider upgrade of this decoration. The Director of the ABCMR has advised the applicant of this requirement by separate correspondence; therefore, award of the Silver Star will not be discussed further in these Proceedings.

5. The applicant’s military records were lost or destroyed 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 on 1 December 1942 and completed training as an infantryman. He served in the European-African-Middle Eastern Theater of Operations from 18 April 1945 until the middle of August 1945. The applicant was honorably discharged on 25 October 1945.

6. A search of unit records at the National Archives at College Park, Maryland, produced 88th Division General Orders Number 14, dated 7 February 1945, which awarded the applicant the Bronze Star Medal for heroic achievement in action on 27 and 28 January 1945 in Italy. Also found were 88th Division General Orders Number 56, dated 16 May 1945, which awarded the applicant the Bronze Star Medal (First Oak Leaf Cluster) for heroic achievement near Ostiglia, Italy, on 23 April 1945.

7. The newspaper articles provided by the applicant in support of his application described the events leading to award of the Bronze Star in January 1945. The second newspaper article described the capture of a railroad bridge in the Po Valley near Ostiglia, Italy, on 23 April 1945 for which the applicant received the Bronze Star Medal (First Oak Leaf Cluster).

8. Review of the applicant's records shows that he was eligible for a third award of the Bronze Star Medal based on award of the Combat Infantryman Badge, the American Campaign Medal, and the World War II Victory Medal which are not shown on his WD AGO Form 53-55.

9. Item 31 (Military Qualification and Date) shows that the applicant was awarded the Combat Infantryman Badge. The applicant's Final Payment-Worksheet shows that he was entitled to combat infantry pay. However, the applicant's records do not show award of the the Bronze Star Medal based on award of the Combat Infantryman Badge.

10. The applicant's WD AGO Form 53-55 shows in item 37 (Total Length of Service) that he completed 1 year, 5 months and 19 days of continental service.

11. There is no entry for award of the World War II Victory Medal on the applicant's WD AGO Form 53-55.

12. Army Regulation 600-8-22 (Military Awards) also 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.

13. Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal. Regulation also permits only one "V" Device to be worn on any one decoration.

14. Army Regulation 600-8-22 also provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.


15. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

16. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1. General Orders show that the applicant received two awards of the Bronze Star Medal for heroic achievement during World War II. Both of these awards were for heroic achievement in action; therefore, they should be identified as award of the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device.

2. Personnel service records also show that the applicant was awarded the Combat Infantryman Badge during World War II.

3. Based on the special provision of regulation for award of the Bronze Star Medal based on award of the Combat Infantryman Badge, the applicant is entitled to a third award of the Bronze Star Medal, but this one is for meritorious service. Therefore, the applicant is entitled to award of the Bronze Star Medal (Second Oak Leaf Cluster) with "V" Device and correction of his records to show this decoration.

4. The applicant completed qualifying service for award of the American Campaign Medal, therefore, he is entitled to this service award and correction of his records to show award of the American Campaign Medal.

5. Based on the applicant's service during World War II, the applicant is entitled to correction of his records to show award of the World War II Victory Medal.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.



RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Bronze Star Medal (Second Oak Leaf Cluster) with "V" Device, the American Campaign Medal, and the World War II Victory Medal.

BOARD VOTE:

__MDM__ __SAC__ __RLD__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Mr. Samuel L. Crumpler__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078117
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030508
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.