Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003083440C070212
Original file (2003083440C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 April 2003
         DOCKET NUMBER: AR2003083440


         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. William Blakely Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor Jr. Chairperson
Ms. Terry L. Placek Member
Mr. Robert Duecaster 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 separation document
(WD AGO Form 53-55) be corrected to reflect the proper unit of assignment.

3. The applicant states, in effect, that Item 6 (Organization) of his separation document should show that he served in the 311th Infantry Regiment of the
78th Division. In support of his application, he submits a copy of WD AGO Form 53-55 and a Separation Qualification Record (WD AGO Form 100).

4. The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973. The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55 and reconstructed records.

5. The applicant’s WD AGO Form 53-77 shows he enlisted in the Army on
19 November 1945 and served on active duty until 16 February 1947, at which time he was honorably discharged in the rank of private first class (PFC).

6. The separation document issued to the applicant upon his discharge indicates in Item 6 (Organization) that his unit at the time of his separation was Headquarters Company, 3rd Battalion, 29th Infantry.

7. The WD AGO Form 53-55 also shows that he arrived in the European Theater of Operations (ETO) on 29 January 1946 and served there until his return to the United States on 9 November 1946. In addition, it indicates that he was awarded the Army of Occupational Medal (Germany) and the World War II Victory Medal.

8. The evidence of record contained a Clinical Record Brief (DA Form 55A) and a medical treatment record (WD Form 52b). These forms show that the applicant received medical treatment in the ETO while assigned to the 3rd Battalion,
311th Infantry Regiment.

9. Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in Item 6 (Organization) of the WD AGO Form 53-55. It also notes that assignments to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.


10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service. There is no automatic entitlement to the AGCM; however, disqualification must be justified.

11. Paragraph 5-12 contains guidance on the European-African-Middle Eastern (EAME) Campaign Medal for qualifying service in the ETO for the period
7 December 1941 to 8 November 1945. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO.

12. 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, foreign unit awards, occupation credit and unit citation badges awarded during World War II. It contains a by unit listing that confirms what credit and awards every unit received during its World War II service. This publication confirms that 311th Infantry Regiment was a unit in the 78th Infantry Division, and that it participated in the following three campaigns of World War II: Southern Philippines;
Ardennes-Alsace; and Rhineland.

CONCLUSIONS:

1. The Board finds the evidence of record confirms that the applicant was assigned to the 3rd Battalion, 311th Infantry Regiment during the majority of his service in the ETO. In addition, Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) shows that the
311th Infantry Regiment was a unit of the 78th Infantry Division. Therefore, the Board concludes that it would be appropriate to correct Item 6 (Organization) of the applicant’s WD AGO Form 53-55 to reflect this unit.


2. Lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his active duty unit commanders, the Board concludes that the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM. In addition, the Board finds that his service in the ETO and his participation in three campaigns entitles him to 3 bronze service stars with his EAME campaign medal. Therefore, the Board finds that it would be appropriate to add these awards to his records at this time.

3. 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 amending Item 6 (Organization) of the WD AGO 53-55 of the individual concerned to read 3rd Battalion, 311th Infantry Regiment, 78th Infantry Division; by showing he earned the Army Good Conduct Medal and 3 bronze service stars with his European-African-Middle Eastern Service Medal; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:

___tlp___ ___rvo __ __rld____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor Jr._
                  CHAIRPERSON




INDEX

CASE ID AR2003083440
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/04/24
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2008 | 20080001327

    Original file (20080001327.txt) Auto-classification: Approved

    Absent any evidence that the applicant's unit (Company D, 18th Tank Battalion) was credited with participating in the Rhineland campaign, there is an insufficient evidentiary basis to support awarding a 3rd bronze service star with the FSM's EAME Campaign Medal, as requested by the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Bronze Star Medal, or his exemplary conduct in ground combat...

  • ARMY | BCMR | CY2009 | 20090011901

    Original file (20090011901.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant's NPRC file also contains a copy of his Honorable Discharge Certificate, which shows that at the time of his separation from active duty, he was assigned to the Medical Detachment, 275th Infantry. As a result, notwithstanding the NPRC letter he provided, absent any evidence confirming he served as an infantryman or combat MEDIC, it would not be appropriate or serve the interest of all...

  • ARMY | BCMR | CY2009 | 20090000536

    Original file (20090000536.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), dated 15 January 1946, be corrected to reflect his military occupational specialty (MOS) as machine gunner vice light truck driver and to include all awards he is entitled to based on his military service. The applicant's military record is not available to the Board for review.

  • ARMY | BCMR | CY2009 | 20090013059

    Original file (20090013059.txt) Auto-classification: Approved

    Chapter 5 of the awards regulation contains guidance on service medals and service ribbons. Therefore, it would be appropriate to correct item 32 of his WD AGO Form 53-55 to reflect all eight campaigns identified and to correct item 33 by adding the DUC 1st Oak Leaf Cluster (2nd Award), Army Occupation Medal with Germany Clasp, and 1 silver service star, 3 bronze service stars and 1 bronze arrowhead with his EAME Campaign Medal. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2013 | 20130020540

    Original file (20130020540.txt) Auto-classification: Approved

    The FSM's complete military records are not available to the Board for review. The FSM's WD AGO Form 53-55 also shows: * his organization as Headquarters Company, 3rd Battalion, 114th Infantry Regiment * he was awarded the Combat Infantryman Badge (CIB) * he completed 3 years, 11 months, and 17 days of continental U.S. (CONUS) service and 10 months and 16 days of foreign service * he participated in the Central Europe, Northern France, and Rhineland campaigns in item 32 (Battle and...

  • ARMY | BCMR | CY2013 | 20130017370

    Original file (20130017370.txt) Auto-classification: Approved

    The applicant provides: * three applications * his birth certificate * the FSM's death certificate * the FSM's Certification of Military Service from 16 April 1942 to 31 May 1945 * the FSM's WD AGO Form 53-98 * the FSM's Certification of Military Service from 1 June 1945 to 23 December 1945 * special orders, dated 10 January 1944, 24 September 1945, and 26 September 1945 * the FSM's battlefield appointment document * the FSM's orders for award of the Silver Star * the FSM's appointment...

  • ARMY | BCMR | CY2009 | 20090014429

    Original file (20090014429.txt) Auto-classification: Approved

    The applicant's military record is not available to the Board for review. Records show that the applicant was awarded the EAME Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge, b. deleting from item 33 of his WD AGO 53-55 the European-African-Middle Eastern Campaign Medal and the Army of Occupation Medal, and c....

  • ARMY | BCMR | CY2009 | 20090016439

    Original file (20090016439.txt) Auto-classification: Approved

    The applicant's military record is not available to the Board for review. Absent any derogatory information or unit commander disqualification on his WD AGO Form 53-55 or in his NPRC file, it would be appropriate and serve the interest of equity and justice to award the applicant the AGCM for his qualifying honorable active duty service from 18 January 1943 through 1 November 1945, and to add this award to his WD AGO Form 53-55. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2006 | 20060008440

    Original file (20060008440.txt) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. The FSM's military records are not available to the Board for review. Item 33 (Decorations and Awards) of the FSM's separation document shows he earned the following awards during his active duty tenure: European-African-Middle Eastern (EAME) Campaign Medal with 1 bronze service star; Army Good Conduct Medal (AGCM); and American Theater Medal.

  • ARMY | BCMR | CY2009 | 20090002526

    Original file (20090002526.txt) Auto-classification: Approved

    The evidence includes orders awarding the FSM the BSM 1st Oak Leaf Cluster (2nd Award) for heroism on 13 and 14 December 1944 in Germany, and a letter from the Commanding General, Army Service Forces, which confirmed the FSM's eligibility for the CMB and directed he be issued this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 33 of his WD AGO Form 53-55 by deleting the current list of awards and...