PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2003
         DOCKET NUMBER: AR2003086476


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas Lanyi		Member
Mr. Harry B. Oberg		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Combat Infantryman Badge.

3. The applicant states, in effect, that the clerk was neglectful and did not record all of his awards in his personnel records. He contends that he is entitled to the Combat Infantryman Badge because he served in four battles and campaigns during World War II and he also received the Bronze Star Medal for military action in combat. In support of his application, he submits a copy of his WD AGO Form 53-55 and a citation for the Bronze Star Medal for heroism on
26 January 1945.

4. The applicant’s military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the WD AGO Form 53-55 and his Final Payment Work Sheet.

5. The applicant's reconstructed records show the applicant was inducted on
27 January 1942. He served as a field lineman assigned to Headquarters Company, 1st Battalion, 328th Infantry Regiment of the 26th Infantry Division in the European Theater of Operations from 7 September 1944 through
22 November 1945. The applicant was honorably discharged on 2 December 1945.

6. The applicant's WD AGO Form 53-55 shows the American Service Medal, the Bronze Star Medal, the European-African-Middle Eastern (EAME) Campaign Medal, the Good Conduct Medal and the World War II Victory Medal as authorized awards.

7. War Department Form 372A (Final Payment Work Sheet) shows the applicant received combat infantry pay.

8. There are no orders for the Bronze Star Medal in the available records. However, the available records contain a citation for the Bronze Star Medal with "V" Device for heroism on 26 January 1945.

9. The available records show that the applicant participated in four battles and campaigns during World War II.

10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the



applicant's unit received occupation credit for Germany during the periods 2 May to 3 June and 15 August to 30 October 1945.

11. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay. Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.

12. Army Regulation 600-8-22 (Military Awards) also 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.

13. Army Regulation 600-8-22, in pertinent part, authorizes award of the EAME Campaign Medal for qualifying service in the European Theater of Operations for the period 7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the EAME Campaign Medal.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for 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 EAME Campaign Medal must have been awarded prior to 9 May 1945.

CONCLUSIONS:

1. The applicant received combat infantry pay during World War II. Therefore, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2. The applicant received the Bronze Star Medal with "V" Device prior to his separation from active duty on 2 December 1945. He is entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge. Therefore, the applicant is entitled to two awards of the Bronze Star Medal and correction of his records to show the Bronze Star Medal with First Oak Leaf Cluster with "V" Device.

3. The applicant's WD AGO Form 53-55 shows the EAME Campaign Medal as an authorized award. However, his records show that he participated in four battles and campaigns during World War II. Therefore, his WD AGO Form 53-55 should be corrected to show the EAME Campaign Medal with four bronze service stars.

4. The applicant's unit received occupation credit for Germany. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

5. 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 applicant was awarded the Combat Infantryman Badge, the Bronze Star Medal with First Oak Leaf Cluster with "V" Device, the EAME








Campaign Medal with four bronze service stars and the Army of Occupation Medal with Germany Clasp.

BOARD VOTE:

AAO___ TL______ HBO____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086476
SUFFIX
RECON
DATE BOARDED	20030828
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.	107.0000
3.
4.
5.
6.