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Decision Text

ARMY | BCMR | CY2003 | 2003084670C070212
Original file (2003084670C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 October 2003
         DOCKET NUMBER: AR2003084670


         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. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Shirley L. Powell Member
Mr. Robert L. 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, Item 30 (Military Occupational Specialty, or MOS) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show that he was an Infantry rifleman.

3. The applicant states, in essence, that he was not a truck driver as his WD AGO Form 53-55 shows. Rather he was a combat soldier who served in the Infantry. He submits in support of his request his WD AGO Form 53-55.

4. The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973. Information herein is limited to that obtained from the applicant's WD AGO Form 53-55.

5. The evidence shows that the applicant was inducted into the Army of the United States on 23 October 1943 and that he reported for duty on 13 November 1943. He served in the European-African-Middle Eastern Theater of Operations (ETO) from 3 November 1944 through 26 March 1946. He returned to the United States and on 4 April 1946, he was honorably separated.

6. The applicant's WD AGO Form 53-55 shows: in Item 4 (Arm or Service) that he served in the Infantry; in Item 6 (Organization) that he was assigned to the 289th Infantry Regiment (75th Infantry Division); in Item 30 (MOS) that he was a "Truck Driver Light 345;" and in Item 31 (Military Qualification and Date) that he was awarded the "Combat Infantry[man] Badge."

7. The applicant's WD AGO Form 53-55 shows the following awards in Item 33 (Decoration and Citations); World War II Victory Medal, Good Conduct Medal, and the European-African-Middle Eastern Campaign Medal.

8. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part:

         a. That the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 (CIB) is considered to be a citation in orders. This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

         b. That the Army of Occupation Medal (AOM) is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. For Germany, service must have been 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. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II. This document shows the unit to which the applicant was assigned was cited for award of the Army of Occupation Medal (AOM).

CONCLUSIONS:

1. The applicant was awarded the CIB in January 1945. War Department Circular 269-1943 established the CIB to recognize and provide an incentive to infantrymen. The CIB was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. The Awards Branch, US Army Human Resources Command - Alexandria has advised in similar cases that, during World War II, the CIB was normally awarded only to enlisted individuals who served in the following positions:

a. Light machine gunner (604)
b. Heavy machine gunner (605)
c. Platoon sergeant (651)
d. Squad leader (653)
e. Rifleman (745)
f. Automatic rifleman (746)
g. Heavy weapons NCO (812)
h. Gun crewman (864)

2. The Board accepts the applicant's statement that he was a rifleman during World War II based upon his receipt of the CIB and his assignment to the 289th Infantry Regiment. His WD AGO Form 53-55 should be corrected to reflect his MOS as "Rifleman 745."

3. The Board also notes that the applicant qualified for the BSM by virtue of his award of the CIB, and that his unit performed occupation duty in Germany thereby entitling him to award of the AOM with Germany Clasp. His WD AGO Form 53-55 should be corrected to reflect these awards.

4. 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 by showing that the MOS of the individual concerned was "Rifleman 745," and that he was awarded the BSM and the AOM with Germany Clasp.

BOARD VOTE:

__fne___ __slp___ __rld___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2003084670
SUFFIX
RECON
DATE BOARDED 20031007
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19460404
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.0500
2.
3.
4.
5.
6.


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