Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002079110C070215
Original file (2002079110C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 February 2003
         DOCKET NUMBER: AR2002079110


         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
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Ms. Regan K. Smith Member
Mr. Antonio Uribe 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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Bronze Star Medal.

3. The applicant states, in effect, that his military records should be corrected to show award of the Bronze Star Medal (based on award of the Combat Medical Badge). He contends that he was sent the Bronze Star Medal.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
22 December 1942. He served as a medical aidman in the European Theater of Operations from 5 April 1944 through 1 November 1945 and was honorably discharged on 16 November 1945.

5. The applicant's WD AGO Form 53-55, which was authenticated in his own hand, does not show the Bronze Star Medal as an authorized award.

6. The Board noted the applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards) prepared by the Army Reserve Personnel Center in St. Louis, Missouri, dated 20 February 1990, which shows that he was issued a Bronze Star Medal, a Combat Medical Badge and a European-African-Middle Eastern Campaign Medal with four bronze service stars which are not shown on his WD AGO Form 53-55. The DA Form 1577 merely authorizes issuance of decorations, medals, unit citations and badges and is not sufficient as a basis for entitlement to an award or correction of military records. Therefore, the Board will make a determination regarding the applicant’s entitlement to award of a Bronze Star Medal, a Combat Medical Badge and a European-African-Middle Eastern Campaign Medal with four bronze service stars and any other awards to which the applicant may be entitled.

7. The applicant's WD AGO Form 53-55 shows that he was assigned to the Medical Detachment 266th Engineer Battalion in military occupational specialty 657 (medical aidman) during World War II.

8. The applicant's War Department Form 372A (Final Payment - Work Sheet) does not show entitlement to medical badge pay.

9. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. His discharge document also shows that he participated in four battles and campaigns during World War II.

10. Review of the available records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

11. Army Regulation 600-8-22 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.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel 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 and the soldier must have been personally present and under fire during such ground combat.

13. Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

CONCLUSIONS:

1. Notwithstanding the DA Form 1577 which shows that the applicant was issued the Combat Medical Badge, evidence of record shows that he served as an aidman assigned to an engineer battalion, not to an infantry unit of brigade, regimental or smaller size. Therefore, the Board determined that the applicant is not entitled to an award of the Combat Medical Badge.

2. Based on the foregoing, the applicant is not entitled to the Bronze Star Medal (based on award of the Combat Medical Badge) or correction of his military records to show this medal.

3. The applicant’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. However, evidence of record shows the applicant participated in four battles and campaigns during his service in the European Theater of Operations which are not correctly shown by award of four bronze service stars for wear on his European-African-Middle Eastern Campaign Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the European-African-Middle Eastern Campaign Medal with four bronze service stars and correction of his WD AGO Form 53-55 to show these awards.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the European-African-Middle Eastern Campaign Medal with four bronze service stars.

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

BOARD VOTE:

SAC___ RKS____ AU______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Samuel A. Crumpler___
                  CHAIRPERSON




INDEX

CASE ID AR2002079110
SUFFIX
RECON
DATE BOARDED 20030211
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0014
2. 107.0065
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002078719C070215

    Original file (2002078719C070215.rtf) Auto-classification: Approved

    The Board notes that the applicant’s WD AGO Form 53-55 does not show the World War II Victory Medal as an authorized award. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the World War II...

  • ARMY | BCMR | CY2002 | 2002079908C070215

    Original file (2002079908C070215.rtf) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Combat Infantryman Badge and the Bronze Star Medal. The DD Form 1577 shows that this Bronze Star Medal was issued based on award of the Combat Infantryman Badge. In view of the applicant's combat record as a rifleman and award of the Purple Heart, the Board has determined that the applicant is entitled to correction of his records to show this badge.

  • ARMY | BCMR | CY2007 | 20070002197

    Original file (20070002197.txt) Auto-classification: Approved

    The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with an effective date of 9 November 1945; Headquarters, 307th Airborne Engineer Battalion (European Theater of Operations), General Orders Number 6, dated 10 May 1945; and Housing and Community Services Department, Veterans Service Office, Santa Ana, California, letter, dated 2 October 2007. The applicant's military service records are not available to the Board for...

  • ARMY | BCMR | CY2001 | 2001061027C070421

    Original file (2001061027C070421.rtf) Auto-classification: Approved

    The applicant requests, in effect, correction of his records to show award of the Purple Heart based on wounds he received on 3 February 1945 in France while in combat. Based on award of the Combat Infantryman Badge, he is entitled to correction of his records to show the Bronze Star Medal. Evidence of record shows the applicant participated in four campaigns during his assignment in the European-African-Middle Eastern Theater of Operations which are not correctly shown by award of four...

  • ARMY | BCMR | CY2002 | 2002067819C070402

    Original file (2002067819C070402.rtf) Auto-classification: Approved

    Item 34 (Wounds Received In Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “NONE.” There is no record that the applicant was awarded the Purple Heart and there are no medical records available. The evidence of record shows the applicant is entitled to the Bronze Star Medal based on award of the Combat Medical Badge. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing...

  • ARMY | BCMR | CY2009 | 20090015155

    Original file (20090015155.txt) Auto-classification: Approved

    The applicant requests award of the Silver Star. The applicant's military records are not available to the Board for review. While there is insufficient documentation and evidence for awarding the applicant the Silver Star, this in no way affects the applicant's right to pursue his claim for the Silver Star by submitting a request with an award recommendation and supporting evidence through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130, if he believes...

  • ARMY | BCMR | CY2014 | 20140008144

    Original file (20140008144.txt) Auto-classification: Approved

    The available record contains a BSM award certificate, 28th Infantry Division, undated, with the following citation: Private [FSM], Medical Detachment, 112th Infantry, for heroic achievement on 12 August 1944, in connection with military operations against the enemy in France. The FSM's available records do not contain and the applicant does not provide orders that show the FSM was awarded the BSM. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2009 | 20090019495

    Original file (20090019495.txt) Auto-classification: Approved

    The applicant provides a copy of his WD AGO Form 53-55, dated 21 November 1945; a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 20 November 2000; and an original certificate of commendation to the 91st Infantry Division, in support of his request. The evidence of record shows that the applicant served a qualifying period of service for award of the American Campaign Medal in that he served in the American Theater of Operations for 30 consecutive days and his unit...

  • ARMY | BCMR | CY2012 | 20120002633

    Original file (20120002633.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show his Prisoner of War (POW) Medal and all other awards to which he may be entitled. The WD AGO Form 53-55 he was issued at the time shows in: * item 31 (Military Qualification and Date) award of the Combat Infantryman Badge effective 14 March 1945 * item 32 (Battles and Campaigns) he participated in the Central Europe and Rhineland campaigns * item 33 (Decorations...

  • ARMY | BCMR | CY2009 | 20090007400

    Original file (20090007400.txt) Auto-classification: Approved

    Therefore, the FSM is eligible for award of the Bronze Star Medal based on award of the Combat Infantryman Badge for his service during World War II and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends that all Department of the Army records of the FSM be corrected by: a. adding to Item 32 of his WD AGO Form 53-55 the Ardennes-Alsace campaign; b. awarding the FSM two bronze service stars to be affixed to his already-awarded European-African-Middle...