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ARMY | BCMR | CY2002 | 2002080416C070215
Original file (2002080416C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 April 2003
         DOCKET NUMBER: AR2002080416


         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. Melvin H. Meyer Chairperson
Mr. Curtis L. Greenway Member
Ms. Mae M. Bullock 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 Presidential Unit Citation (formerly known as the Distinguished Unit Citation until 3 November 1966).

3. The applicant states, in effect, that in 2001 the Presidential Unit Citation was awarded to Combat Command A of the 9th Armored Division for actions during the period 16 December 1944 to 22 December 1944. He contends that he is entitled to this citation because he served in the 60th Armored Infantry Battalion, Combat Command A of the 9th Armored Division during the period 16 December 1944 to 22 December 1944. In support of his application, he submits a letter, dated 25 September 2002; a letter, dated 29 October 2001, from the National Personnel Records Center; and an award certificate for the Presidential Unit Citation, dated 12 June 2001.

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 the applicant enlisted on 29 June 1943. He served as a medical supply noncommissioned officer in the European Theater of Operations from 25 September 1944 through 2 March 1946 and was honorably discharged on 16 April 1946.

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

6. The applicant provided an award certificate, dated 12 June 2001, which shows Combat Command A of the 9th Armored Division received the Presidential Unit Citation for extraordinary heroism in military operations against an armed enemy during the period 16 December 1944 to 22 December 1944.

7. The applicant's WD AGO Form 53-55 shows he received the Combat Infantryman Badge which was authorized by Headquarters 60th Armored Infantry Battalion, dated 17 December 1944.

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

9. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

10. A U.S. Total Army Personnel Command Memorandum, dated 22 January 2002, shows the Chief of Staff of the Army approved the Presidential Unit Citation for the Combat Command A, 9th Armored Division (to include assigned/attached units), on 12 June 2001, for the period of 16 December 1944 to 22 December 1944. The list of assigned/attached units included the 60th Armored Infantry Battalion.

11. Army Regulation 600-8-22 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.

12. 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. Evidence of record shows the applicant received the Combat Infantryman Badge on 17 December 1944 while an assigned member of the 60th Armored Infantry Battalion.

2. Evidence of record also shows that the Chief of Staff of the Army approved the Presidential Unit Citation for the Combat Command A, 9th Armored Division (to include assigned/attached units), on 12 June 2001, for the period of
16 December 1944 to 22 December 1944. The list of assigned/attached units included the 60th Armored Infantry Battalion. Therefore, the Board determined that the applicant is entitled to award of the Presidential Unit Citation and correction of his WD AGO Form 53-55 to show this unit citation.

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

4. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. However, his WD AGO Form 53-55 also shows that he participated in two battles and campaigns during World War II. Therefore, the applicant is entitled to award of the European-African-Middle Eastern Campaign Medal with two bronze service stars and correction of his WD AGO Form 53-55 to show these awards.

5. 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 Presidential Unit Citation, the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the European-African-Middle Eastern Campaign Medal with two bronze service stars.

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

BOARD VOTE:

MHM___ CLG_____ MMB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Melvin H. Meyer______
                  CHAIRPERSON




INDEX

CASE ID AR2002080416
SUFFIX
RECON
DATE BOARDED 20030422
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0031
2. 107.0000
3.
4.
5.
6.


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