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Decision Text

ARMY | BCMR | CY2002 | 2002079656C070215
Original file (2002079656C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 2003
         DOCKET NUMBER: AR2002079656


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Ronald E. Blakely Member
Mr. Lawrence Foster 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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Silver Star.

3. The applicant states, in effect, that his discharge document should be updated to show the Silver Star awarded to him on 13 November 1945 by General Orders Number 381. In support of his application, the applicant submitted a copy of his WD AGO Form 53-55 and General Orders Number 381, dated 13 November 1945.

4. The applicant’s military records were destroyed or lost 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 in the Army on 25 February 1943. He entered active duty on 4 March 1943 and completed training as an infantryman. He served in the European-African-Middle Eastern Theater of Operations from July 1944 to September 1945. The applicant was honorably discharged from active duty on 7 October 1945.

5. The applicant's WD AGO Form 53-55 does not show the Silver Star as an authorized award.

6. The applicant provided a copy of Headquarters, Third Infantry Division General Orders Number 381, dated 13 November 1945, which awarded him the Silver Star for gallantry in action on 2 November 1944.

7. The Board noted that the applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge, the World War II Victory Medal and the American Campaign Medal which are not shown on his discharge document.

8. The applicant’s WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge on 20 October 1944.

9. Army Regulation 600-8-22 (Military Awards) 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. This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

10. 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.

11. 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.

CONCLUSIONS:

1. Orders show the applicant was awarded the Silver Star for gallantry in action on 2 November 1944. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Silver Star in item 33 (Decorations and Citations).

2. The applicant's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge during World War II.

3. Based on award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show the Bronze Star Medal.

4. The applicant served during a period of qualifying service for award of the World War II Victory Medal. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the World War II Victory Medal.

5. The applicant also served a period of qualifying service for award of the American Campaign Medal. Therefore, his WD AGO Form 53-55 will be amended to show this award.

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 the individual concerned was awarded the Silver Star, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the World War II Victory Medal and the American Campaign Medal.

BOARD VOTE:

JNS____ REB_____ LF______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON



INDEX

CASE ID AR2002079656
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030225
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. 107.0007
2.
3.
4.
5.
6.


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