PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 10 APRIL 2003
         DOCKET NUMBER: AR2002078133


         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Lester Echols		Member
Ms. Marla J. N. Troup		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 organization on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show Company K, 104th Infantry Regiment, 26th Infantry Division, instead of Company B, 49th Armored Infantry Battalion.

3. The applicant states that his organization on that form is incorrect.

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

5. The applicant enlisted in the Army on 17 March 1941. He served in the European Theater of Operations during World War II, arriving on 4 September 1944 and departing for the United States on 21 July 1945. His WD AGO Form 53-55 shows that he participated in two campaigns, and was awarded the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal, the Combat Infantryman Badge, the Lapel Button, and the Army Good Conduct Medal, the latter being awarded per a 104th Infantry [Regiment] General Order dated in 1945. The organization shown on that form is Company B, 49th Armored Infantry Battalion. He was discharged in the rank of staff sergeant at Fort Devens, Massachusetts on 18 August 1945.

6. The reverse of that form is the applicant's Honorable Discharge Certificate, dated 18 August 1945, and which shows his organization as Company K, 104th Infantry Regiment, 26th Division.

7. General Order Number 11 published by Headquarters, 104th Infantry on 1 June 1945, shows that the applicant, assigned to Company K, was awarded the Good Conduct Medal. eadH

8. In a 15 April 1978 letter to the National Personnel Records Center requesting a copy of his discharge records, the applicant indicated his World War II organization as Company K, 104th Infantry, 26th Division. In a 19 November 1982 letter to the National Personnel Records Center he requested that his discharge be changed to that same unit and organization, stating that his entire service, except for 2 days during embarkation, was spent with Company K of the 104th. A Military Records Center reply (GSA Form 7093) of 17 December 1982 states, "Separation documents normally show last organization assigned to just prior to discharge."

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9. In a 6 June 1984 letter requesting medals and decorations, he indicated that he was with the 104th of the 26th Division from 17 March 1941 to the few days he was with Company B, 49th Armored Infantry Battalion.

10. On 12 December 1984 the Reserve Components Personnel and Administration Center authorized the issuance to the applicant of the Good Conduct Medal, the American Defense Service Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars, the World War II Victory Medal, and the Honorable Service Lapel Button for World War II.

11. On 8 August 1986 the Army Reserve Personnel Center authorized the issuance to the applicant of the Bronze Star Medal and the Combat Infantryman Badge.

12. The 104th Infantry Regiment, a 26th Infantry Division organization, participated in four campaigns during World War II – Northern France, from 25 July through 14 September 1944; the Rhineland, from 15 September 1944 through 21 March 1945; Ardennes-Alsace, from 16 December 1944 through 25 January 1945; and Central Europe, from 22 March through 11 May 1945. The 104th was awarded the French Croix de Guerre for its actions from 8 November 1944 through 11 December 1944; and a Citation in the Order of the Day of the Belgian Army for its actions from 20 December 1944 through 26 January 1945. The regiment participated in the Army of occupation from 2 May 1945 through 29 September 1945.

13. The American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946, Within the continental limits of the United States for an aggregate period of 1 year entitles a soldier to that award.

14. The Army of Occupation Medal is awarded for service for 30 consecutive days while assigned to the Army of Occupation of Germany between 9 May 1945 and 8 November 1945.

15. Army Regulation 600-8-22 provides for award of the Bronze Star Medal to each member of the Armed Forces of the United States who, after 6 December 1941 has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945. The award of a Combat Infantryman Badge is considered as a citation in orders.

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CONCLUSIONS:

1. The preponderance of evidence – the 104th general order awarding him the Good Conduct Medal, his Honorable Discharge Certificate, and his letters to St. Louis, support the applicant's contention that his service during World War II was predominately with Company K of the 104th Infantry Regiment. Consequently, his WD AGO Form 53-55 should be changed accordingly.

2. Thus, the applicant's records should be also corrected to credit him with participation in the 104th's campaigns during the war. He should be awarded the European-African-Middle Eastern Campaign Medal with four bronze service stars (one for each campaign). The applicant's records should also be corrected to show award of the French Croix de Guerre and a Citation in the Order of the Day of the Belgian Army.

3. The applicant is entitled to award of the American Campaign Medal for his service in the United States during the war, and the Army of Occupation Medal for his duties with an occupation force in Germany immediately subsequent to the ending of the war.

4. The applicant is entitled to award of the Bronze Star Medal. His records should reflect this award.

5. The applicant's records should reflect award of the World War II Victory Medal.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that:

a. the applicant's World War II organization was Company K, 104th Infantry Regiment, 26th Infantry Division, vice Company B, 49th Armored Infantry Battalion, shown on his 18 August 1945 Enlisted Record and Report of Separation; and

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         b. he was awarded the European-African-Middle Eastern Campaign Medal with four bronze service stars, the French Croix de Guerre, the Citation in the Order of the Day of the Belgian Army, the American Campaign Medal, the Bronze Star Medal, the Army of Occupation Medal, and the World War II Victory Medal.

BOARD VOTE:

__FNE__ ___LE___ __MJNT _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078133
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030410
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.	110.00
2.
3.
4.
5.
6.