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ARMY | BCMR | CY2003 | 2003084106C070212
Original file (2003084106C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 July 2003
         DOCKET NUMBER: AR2003084106


         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Gail J. Wire Chairperson
Ms. Karen A. Heinz 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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be amended to add the Bronze Star Medal (BSM), the Army Good Conduct Medal, the Presidential Unit Citation, the World War II Victory Medal, the Army of Occupation Medal, the Honorable Service Lapel Button, and the Combat Infantryman Badge.

3. The applicant states that his WD AGO Form 53-55 does not award him all the decorations issued to him by the DA Form 1577 (Authorization for Issuance of Awards) dated 10 August 1993.

4. The applicant’s military records were presumably lost of destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate records including his WD AGO Form 53-55 a BSM certificate, and a DA Form 1577 dated 10 August 1993.

5. The applicant was inducted into the Army on 11 July 1942 and entered active service on 25 July 1942. He arrived in the European-African-Middle Eastern Theater of Operations on 7 July 1944 and was assigned to Company E, 318th Infantry, 80th Infantry Division as a light mortar crewman.

6. An undated award certificate shows the applicant was awarded the Bronze Star Medal for heroic achievement while serving with the 80th Infantry Division.

7. The applicant departed the theater of operations on an unknown date, he arrived in the States on 9 October 1945, and he separated on 18 October 1945. His WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge (in item 31); the European-African-Middle Eastern Campaign Medal with 4 bronze service stars, the Army Good Conduct Medal, the Purple Heart, the Distinguished Unit Badge, 1 service stripe, and 2 overseas service bars (in item 33); and the Honorable Service Lapel Button (in item 55).

8. The Bronze Star Medal was established by Executive Order 9419, 4 February 1944. Army Regulation 600-8-22 (Military Awards) provides for the award of the BSM to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. It also provides for award of the BSM for meritorious achievement or meritorious service to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat. An oak leaf cluster is issued to denote award of second and succeeding awards of the BSM.
9. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation or Badge 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. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal with Germany clasp is awarded for service for 30 consecutive days in Germany during the period between 9 May 1945 and 5 May 1955.

11. Army Regulation 600-8-22 provides, in pertinent part, that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946.

12. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 318th Infantry Regiment, 80th Infantry Division was awarded occupation credit for Germany for the period 20 May – 30 October 1945.

CONCLUSIONS:

1. The applicant's WD AGO Form 53-55 already shows that he was awarded the Army Good Conduct Medal, the Presidential Unit Citation (at the time known as the Distinguished Unit Badge), the Honorable Service Lapel Button, and the Combat Infantryman Badge.

2. The Board accepts as sufficient the award certificate showing the applicant was awarded the BSM for heroic achievement as showing his WD AGO Form 53-55 should be amended to add the BSM with "V" device. In addition, he is eligible for award of the BSM for meritorious achievement or service based upon his award of the Combat Infantryman Badge. Therefore, his WD AGO Form 53-55 should be amended to show he was awarded the BSM with one oak leaf cluster and with "V" device.

3. The evidence of record shows the applicant met the eligibility criteria for award of the World War II Victory Medal and the Army of Occupation Medal with Germany clasp. His WD AGO Form 53-55 should be amended to add these awards.

4. In view of the foregoing, the applicant’s records should be corrected but only as recommended below.


RECOMMENDATION:

1. That the applicant's WD AGO Form 53-55 be amended to add the Bronze Star Medal with one oak leaf cluster and with "V" device, the World War II Victory Medal, and the Army of Occupation Medal with Germany clasp.

2. That so much of the application as pertains to amending the applicant's WD AGO Form 53-55 to add the Army Good Conduct Medal, the Presidential Unit Citation, the Honorable Service Lapel Button, and the Combat Infantryman Badge be denied.

BOARD VOTE:

__gjw___ __kah___ __rd____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Gail J. Wire________
                  CHAIRPERSON




INDEX

CASE ID AR2003084106
SUFFIX
RECON
DATE BOARDED 20030731
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 110.04
2.
3.
4.
5.
6.


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