PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 May 2003
         DOCKET NUMBER: AR2002081975


         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. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Ms. Deborah S. Jacobs		Member
Mr. Jose A. Martinez		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 military records be corrected to show award of the European-African-Middle Eastern Campaign Medal, the Army of Occupation Medal, the Combat Medical Badge, the Armed Forces Expeditionary Medal and all other awards and decorations to which he is entitled.

3. The applicant states that his records are missing.

4. The applicant’s military records were lost or destroyed and were not available to the Board. Only reconstructed records were available to the Board.

5. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) shows that the applicant entered on active duty on 11 December 1945 and was trained as an Ambulance Driver (Military Occupational Specialty 345). There are no records which show the specific dates the applicant served in the United States and/or overseas. He was honorably separated from active service on 11 December 1946.

6. Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 does not show any campaign credit. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows only that the applicant was awarded the World War II Victory Medal. Item 36 (Service Outside the Continental U.S. and Return) of the applicant's WD AGO Form 53-55 does not show that the applicant served overseas.

7. Morning Reports available to the Board indicate that the applicant was assigned to the 222nd Airborne Medical Company, 13th Airborne Division, while the unit was in the European-African-Middle Eastern Theater of Operations. The 11 April 1945 Morning Report for the 222nd Airborne Medical Company shows that the applicant’s duty status was changed from duty to hospital, effective 10 April 1945, while the unit was in the vicinity of Auxerre, France. The unit’s 15 May 1945 Morning Report shows that the applicant was returned to a duty status, effective 2 May 1945. The 15 May 1945 Morning report also shows that the unit was in the vicinity of Toucy, France, on this date.

8. Army Regulation 600-8-22 (Military Awards), 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. This regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

9. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 does not show award of the Army of Occupation Medal.
10. Army Regulation 600-8-22 provides for award of the Army of Occupation Medal with Germany Clasp for occupation duty in Europe. The regulation requires service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, credit for occupation duty during World War II. This document shows the 222nd Airborne Medical Company, 13th Airborne Division did not receive credit for occupation duty during World War II.

12. Item 31 (Military Qualification and Date) of the applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) does not show award of the Combat Medical Badge.

13. 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.

14. Records available to the Board do not show that 222nd Airborne Medical Company, 13th Airborne Division, was assigned or attached to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat.

15. Item 33 (Military Qualification and Date) of the applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) does not show award of the Armed Forces Expeditionary Medal.

16. Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations. Qualifications for this award include the requirement to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations. The regulation also provides that the Armed Forces Expeditionary Medal may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met. The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22.

17. The Board noted that there is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. Available records do not contain any adverse information or indications of indiscipline. The applicant’s WD AGO Form 53-55 shows that he was recommended for further military training.

18. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. The Board considered the applicant's request to correct his military records to show award of the European-African-Middle Eastern Campaign Medal.

2. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) does not show foreign service. However, evidence of record shows that the applicant did serve for an unspecified period of time in the European Theater of Operations.

3. Based on the foregoing, the Board determined that the Morning Reports for April and May 1945 clearly show that the applicant was in the European-African-Middle Eastern Theater of Operations for an unspecified period of time. Therefore, the Board concluded that the applicant is eligible for award of the European-African-Middle Eastern Campaign Medal and correction of his records to show this decoration.

4. Evidence of record shows that the unit to which the applicant was assigned, the 222nd Airborne Medical Company, 13th Airborne Division, received campaign participation credit for the Central Europe Campaign (22 March 1945-11 May 1945). Therefore the applicant is entitled to award of one bronze service star to be affixed to the European-African-Middle Eastern Campaign Medal and correction of his records to show award of a bronze service star.

5. The Board considered the applicant’s request for award of the Army of Occupation Medal with Germany Clasp. However, evidence of record shows that the unit to which the applicant was assigned did not receive credit for occupation duty during World War II. Therefore, the Board determined that the applicant is not entitled to award of the Army of Occupation Medal with Germany Clasp.

6. The Board considered the applicant’s request for award of the Combat Medical Badge. However, evidence of record shows that the medical unit, to which the applicant was assigned, was not organic to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat. Therefore, the Board determined that the applicant was not eligible for award of the Combat Medical Badge.

7. The Board considered the applicant’s request for award of the Armed Forces Expeditionary Medal. The Board noted that the Armed Forces Expeditionary Medal was authorized for award effective 1 July 1958 and that the applicant was separated from the Army on 11 December 1946 before the Armed Forces Expeditionary Medal was authorized for award. Therefore, the Board determined that the applicant is not eligible for award of the Armed Forces Expeditionary Medal.

8. The Board noted the applicant’s honorable service during the period 11 December 1945 through 11 December 1946 and determined that this service warranted recognition through award of the Good Conduct Medal. Since a portion of this service was not entirely within the period 7 December 1941 to 2 March 1946, the Board determined, as an exception to regulation, that the applicant is entitled to the first award of the Good Conduct Medal for the period 11 December 1945 through 11 December 1946 based on completion of a year of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

9. The Board determined upon review of the applicant’s records that he is not entitled to any additional awards, decorations or badges based on his service from 11 December 1945 to 11 December 1946.

10. In view of the foregoing, the applicant’s records should be corrected, 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 one bronze service star and the first award of the Good Conduct Medal for the period 11 December 1945 through 11 December 1946.

2. That so much of the application as pertains to award of the Army of Occupation Medal with Germany Clasp, the Combat Medical Badge and the Armed Forces Expeditionary Medal is denied.

BOARD VOTE:

___DSJ__ ___MM__ __JAM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081975
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030520
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	130
ISSUES 1.	107.0065.0000
2.
3.
4.
5.
6.