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ARMY | BCMR | CY2003 | 2003084648C070212
Original file (2003084648C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 August 2003
         DOCKET NUMBER: AR2003084648


         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. Raymond V. O'Connor, Jr. Chairperson
Mr. James E. Anderholm Member
Ms. Linda M. Barker 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 the records of her late husband, a former service member (FSM), be corrected to reflect all authorized awards and decorations, especially of two awards of the Bronze Star Medal (BSM), the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

3. The applicant states, in effect, that the awards and decorations described in paragraph 2 above, were not entered on the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).

4. The FSM’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and consist primarily of his WD AGO Form 53-55. The available records show that the FSM was inducted on 7 May 1942. He served as an infantryman, participating in three campaigns while assigned to the European Theater of Operations from 17 February 1944 to 15 October 1944. He returned to the United States for two months, then was reassigned to the Pacific Theater of Operations, where he participated in three additional campaigns during the period 25 December 1944 to on or about 26 October 1945, before returning to the United States, where he was honorably separated from active duty on 2 December 1945.

5. The FSM’s WD AGO Form 53-55, shows that he was awarded the following decorations: Good Conduct Medal; Parachutist Badge with one bronze service star; Combat Infantryman Badge; European-African-Middle Eastern Campaign Medal; Asiatic-Pacific Campaign Medal; Philippine Liberation Ribbon; Distinguished Unit Badge; Belgian Fourragere; Netherlands Orange Lanyard; one Bronze Arrowhead; Honorable Service Lapel Button; and three overseas service bars.

6. Headquarters Department of the Army Letter Orders, AGRC-GD 201, dated 28 May 1953, announce award of the Purple Heart to the FSM for wounds received in action against the enemy on 6 June 1944 in France, while assigned to the 377th Parachute Field Artillery Battalion.

7. There are no orders in the FSM’s records which show that he was awarded the Bronze Star Medal and the applicant did not provide a copy of orders or a certificate in support of her claim for this award. His AGO Form 53-55 does not show award of the Bronze Star Medal.

8. 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.

9. 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.

10. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. It 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.

11. Army Regulation 600-8-22, in pertinent part, authorizes award of 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 service medal. The appendix, and the FSM’s WD AGO Form
53-55, shows that the FSM is entitled to wear one bronze service star for each of the following European-African-Middle Eastern campaigns: Normandy, Central Europe, and Southern France. They also show that the FSM is entitled to wear to wear one bronze service star for each of the following Asiatic-Pacific campaigns: Luzon, Southern Philippines, and Ryukyus.

CONCLUSIONS:

1. The FSM's records show that he was awarded the Combat Infantryman Badge. Therefore the FSM is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his records to show this decoration.

2. General Orders show that the FSM was awarded the Purple Heart for injuries received on 6 June 1944. Therefore, he is entitled to correction of his records to show this decoration.


3. Evidence of record shows that the FSM served between 7 December 1941 and 31 December 1946. Therefore he is entitled to correction of his records to show award of the World War II Victory Medal.

4. Evidence of record shows that the FSM served in the continental United States for over one year. Therefore, he is entitled to award of the American Campaign Medal and is entitled to have his records corrected to show this decoration.

5. Evidence of record shows that the FSM’s unit received campaign credit for participation in the Normandy, Central Europe, and Southern France campaigns. Therefore, the FSM is entitled to correction of his records to show three bronze service stars, to be affixed to his European-African-Middle Eastern Campaign Medal.

6. Evidence of record shows that the FSM’s unit received campaign credit for participation in the Luzon, Southern Philippines, and Ryukyus campaigns. Therefore, the FSM is entitled to correction of his records to show three additional bronze service stars, to be affixed to his Asiatic-Pacific Campaign Medal.

7. There is no evidence that the FSM was awarded, or recommended for, a separate award of the Bronze Star Medal. Therefore, he is not entitled to have his records corrected to show this award.

8. In view of the foregoing, the FSM’s records should be corrected 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:

         a. the Bronze Star Medal;

         b. the Purple Heart for wounds received on 6 June 1944;

         c. the World War II Victory Medal;

         d. the American Campaign Medal;

         e. three bronze service stars, to be affixed to the European-African-Middle Eastern Campaign Medal; and,


         f. three additional bronze service stars, to be affixed to the Asiatic-Pacific Campaign Medal.

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

BOARD VOTE:

____jea__ ____lmb_ ____rvo_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Raymond V. O'Connor, Jr._
                  CHAIRPERSON




INDEX

CASE ID AR2003084648
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030814
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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