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ARMY | BCMR | CY2002 | 2002078880C070215
Original file (2002078880C070215.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 March 2003
         DOCKET NUMBER: AR2002078880


         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. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Mr. William D. Powers Member
Ms. Linda M. Barker 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, in effect, that his records be corrected to show that he earned two battle stars for his European-African-Middle Eastern (EAME) Campaign Medal, and the Ernie Pyle Combat Badge.

3. The applicant states, in effect, that he was only given credit for one battle, when he in fact landed in LaHarve France and fought through there to Belgium and halfway through Germany. He claims that he realized that he had not received credit for all his awards when he did the paperwork to bury his wife at the Fort Custer National Cemetery and his children wanted to know why he did not receive all his medals.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire.

5. The available evidence includes the applicant’s separation document
(WD AGO Form 53-55), which verifies that he was inducted into the Army on
18 August 1944, and that he continuously served on active duty until being honorably separated on 2 August 1945. Item 3 (Grade) of this document confirms that he held the rank of private (PVT) on the date of his separation, and Item 38 (Highest Grade Held) shows that this was the highest rank he held while on active duty.

6. The applicant’s separation document also shows that he served in the European Theater of Operations (ETO) from 15 January 1945 through 28 May 1945. It further confirms that he held the military occupational specialty (MOS) of 605 (Heavy Machine Gunner), and that he earned the Combat Infantryman Badge (CIB). The only award listed in Item 33 (Decorations and Awards) of the WD AGO 53-55 is the EAME Campaign Medal with 1 bronze battle star.

7. The applicant also provided a copy of his Honorable Discharge Certificate, which lists his unit as Company H, 12th Infantry Regiment. The available evidence contains no indication that the applicant committed any infractions that would have disqualified him from receiving the Army Good Conduct Medal or that he was ever disqualified for the award by any of his active duty unit commanders.


8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 3-13 contains guidance on awarding the Bronze Star Medal. It states, in pertinent part, that the award is authorized to any member of the Armed Forces of the United States who, after
6 December 1941, was 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. It further stipulates that for this purpose, an award of the Combat Infantryman Badge is considered as a citation in orders.

9. Chapter 4 prescribes the policy for award of the AGCM. It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940. However, for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 is a qualifying period.

10. Paragraph 5-11 contains the policy for awarding the World War II Victory Medal. It states, in pertinent part, that it is authorized for award for service between 7 December 1941 and 31 December 1946. Paragraph 5-12 contains guidance on the EAME Campaign Medal. It states, in pertinent part, that one bronze service star is authorized with this award for each campaign a member received credit for while serving in the ETO.

11. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. It confirms that the applicant’s unit, the
12th Infantry Regiment, participated in the following three campaigns during his assignment tenure: Rhineland; Ardennes-Alsace; and Central Europe.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he should have received additional bronze service stars with his EAME Campaign Medal and it finds this claim has merit. The Board also notes the applicant’s claim that he earned the Ernie Pyle Combat Badge, but finds no such award is included in the list of authorized Army awards. However, the record already confirms that he earned and was awarded the Combat Infantryman Badge, which may be the badge he is referring to.

2. By regulation, the Bronze Star Medal is authorized for members who, after
6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy during World War II, and for this purpose the Combat Infantryman Badge is considered as a citation in orders.

3. The available evidence confirms that the applicant was awarded the Combat Infantryman Badge during a period that entitles him to receive the Bronze Star Medal. Therefore, the Board concludes that it would be appropriate to award the applicant the Bronze Star Medal and add this award to his record at this time.

4. The evidence also establishes that the applicant’s unit was granted credit for participation in three campaigns during his assignment tenure. As a result, he is entitled to three bronze service stars with his EAME Campaign Medal.

5. Lacking any derogatory information or a formal disqualification from any of the active duty unit commanders for which the applicant served, the Board also concludes that he completed a period of qualifying honorable service that entitles him to receive the Army Good Conduct Medal. In addition, based on his active duty service, he is also entitled to the World War II Victory Medal.

6. 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 individual concerned the Bronze Star Medal and Army Good Conduct Medal; by showing that he is entitled to the World War II Victory Medal and three bronze service stars with his European-African-Middle Eastern Campaign Medal; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

__RJW__ __WDP _ __ LMB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Raymond J. Wagner ._
                  CHAIRPERSON




INDEX

CASE ID AR2002078880
SUFFIX
RECON
DATE BOARDED 2003/003/04
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1945/08/02
DISCHARGE AUTHORITY AR 615-361
DISCHARGE REASON Certificate of Disability Certificate
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2.
3.
4.
5.
6.



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