RECORD OF PROCEEDINGS


         IN THE CASE OF: .
                                   
        

         BOARD DATE: 25 November 2003
         DOCKET NUMBER: AR2003086718


         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. W. W. Osborn, Jr.		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Ms. Lana E. McGlynn		Member
Ms. Yolanda Maldonado		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his father, a deceased former service member (FSM), be awarded the Bronze Star Medal, the Purple Heart, the American Campaign Medal, the World War II Victory Medal, the National Defense Service Medal, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Citation, a second award of the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars and the Expert Qualification Badge with Rifle and Pistol Bars. He also requests that item 34 (Wounds Received in Action) of the FSM's Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to show that he was wounded in action.

2. The applicant states that the alleged injustice was discovered on 6 February 2003 and that the Board should find it in the interest of justice to consider the case because he is trying to obtain his father's awards to go into a presentation case for the family.

3. The applicant provides copies of the FSM 's WD AGO Form 53-55, his Separation Qualification Record (WD AGO Form 100), his WD AGO Form 58 (Promotion Certificate to Sergeant (Temporary)) and a Veterans Administration Form P-80a, dated 27 May 1946, showing that the FSM was granted a disability rating of 30 percent for a gunshot wound to his left hand. He also submits copies of the his father's death certificate and his birth certificate.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1. Counsel offers no evidence or argument beyond that submitted with the application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 19 October 1945, the date the FSM was separated. The application submitted in this case is dated 6 February 2003.

2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records.

4. The available records show the FSM enlisted on 16 October 1940. He completed training as an infantryman and served in the United States where he was promoted to sergeant at Fort Benning, Georgia on 8 May 1942 as a member of M Company 29^th Infantry Regiment. On 25 October 1944 the FSM arrived in England for duty in the European Theater of Operations (ETO). He was awarded the Combat Infantryman Badge (CIB) on 31 December 1944 while serving as a sergeant with the 311^th Infantry Regiment.

5 The FSM departed for the United States on 17 May 1945 and was separated on 19 October 1945 with an honorable discharge due to demobilization. Item 32 (Battles and Campaigns) of his WD AGO 53-55 shows that he was credited with participation in the Rhineland Campaign. Item 33 (Decorations and Citations) list his authorized awards as the Good Conduct Medal, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star and the Combat Infantryman Badge. He was assigned to 7^th Provisional Company, Army Ground and Service Forces Redistribution Station 1467, Service Command Unit at the time of separation.

6. Item 33 does not list the Purple Heart as an authorized award and item 34 (Wounds Received in Action) states "None." The FSM signed the document and affixed his right thumb print as the person being separated.

7. The WD AGO Form 100 states that the applicant served in the ETO for 8 months as a squad leader.

8. Service medical records (Medical Department Forms 52a) show that the FSM was treated for a gunshot wound to the left hand accidentally incurred on 3 February 1945. The incident was determined to have occurred in the line of duty.

9. Army Regulation 600-8-22 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 such 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.

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10. The regulation also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the European-African-Middle Eastern Campaign Medal.

11. Army Regulation 600-8-22 also provides, in pertinent part, for award of the American Campaign Medal. This campaign medal 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, or service within the continental United States for an aggregate period of one year.

12. Army Pamphlet 672-1 Unit Citation and Campaign Participation Register shows that during the applicant's tour in Europe the 311^th Infantry Regiment was awarded campaign credit for the Rhineland, Ardennes-Alsace, and Central European campaigns and was awarded the Distinguished Unit Award [now known as the Presidential Unit Citation] for the period 20 January through 7 February 1945.

13. Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained while in action against an enemy as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

14. It also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

15. The awards regulation also provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27  July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1. The FSM was awarded the CIB on 31 December 1944. He is entitled to award of the Bronze Star Medal based on the CIB.

2. The FSM's regiment was awarded the Distinguished Unit Award [now known as the Presidential Unit Citation] for the period 20 January through 7 February 1945. He is authorized that award.

3. He served in the ETO with the 311^th Infantry Regiment during the Rhineland, Ardennes-Alsace, and Central European campaign periods and is entitled to three bronze service stars for wear on the European-African-Middle Eastern Campaign Medal.

4. The FSM served for more than an aggregrate 1 year in the continental United States and he earned the American Campaign Medal. His service on active duty during the qualifying period also entitles him to award of the World War II Victory Medal.

5. The only available medical records shows that the FSM incurred an accidental gunshot wound, There is no available evidence to support an award of the Purple Heart.

6. The FSM's WD AGO 53-55 shows the Good Conduct Medal as an authorized award. Since a qualifying period of less than 3 years was authorized only for the first award, he would have to have served 6 full years [until 16 October 1946] to qualify for the second award.

7. Unfortunately, there is no record of weapons qualifications contained in the available records and no basis to award the Expert Badge with Rife and Pistol Bars.

8. The National Defense Service medal did not come into existence until 27  July 1950, after the FSM had been discharged,

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

_RVO___ ___YM__ __LEM___ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing, in addition to the information currently shown, his WD AGO 53-55 show:

a. in item 32, that he is also credited with service in the Ardennes and Alsace and Central Europe campaigns; and

b. in item 33, that his authorized awards also include the Bronze Star Medal, the Presidential Unit Citation, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the American Campaign Medal, and the World War II Victory Medal.

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart, the National Defense Service Medal, the Valorous Unit Award, the Meritorious Unit Citation, and a second award of the Good Conduct Medal.





                  _Raymond V. O'Connor, Jr._
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086718
SUFFIX
RECON
DATE BOARDED	20011125
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	108.00
2.
3.
4.
5.
6.