PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 September 2003
         DOCKET NUMBER: AR2003087093


         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:

Ms. Jennifer L. Prater		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Patrick H. McGann		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, in effect, award of the Combat Infantryman Badge, the Oak Leaf Cluster, the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966), the Bronze Star Medal (based on award of the Combat Infantryman Badge), and the American Campaign Medal.

3. The applicant states that he served with the “146^th Reg [Regiment], Company B, and 36 Infantryman Division” in France during World War II. In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

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, his Final Payment Work Sheet and limited medical records.

5. The applicant's reconstructed records show the applicant was inducted on
1 December 1943. He served as a rifleman assigned to Company B, 142^nd Infantry Regiment in the European Theater of Operations from 12 August 1944 until approximately March 1945. The applicant was honorably discharged on
7 December 1945 by reason of physical disability after serving over 2 years of creditable active service.

6. The applicant’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal with one bronze service star, the American Theater Ribbon (correctly known as the American Campaign Medal), the World War II Victory Medal and the Purple Heart as authorized awards. Since the American Campaign Medal is shown on the applicant’s WD AGO Form 53-55, this portion of the applicant’s request will not be discussed further in these Proceedings.

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

8. There is no evidence in the available records which shows the applicant was awarded the Oak Leaf Cluster to be affixed to an individual decoration.

9. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II. This document shows the applicant’s unit did not receive the Distinguished Unit Citation while he was assigned to it.

10. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

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) provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain individual decorations, among which are the Purple Heart, the Bronze Star Medal, and the Army Commendation Medal.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation 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.

14. Army Regulation 600-8-22 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.

15. Army Regulation 600-68, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

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. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Oak Leaf Cluster to be affixed to an individual decoration. Therefore, there is no basis for granting the applicant’s request for award of the Oak Leaf Cluster.

3. Department of the Army Pamphlet 672-1 shows the applicant's unit was not cited for the Distinguished Unit Citation while he was assigned to it. Therefore, the applicant is not entitled to correction of his WD AGO Form 53-55 to show this unit citation.

4. Based on award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).

5. The Board concludes the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 1 December 1943 through
7 December 1945 based on completion of a period of qualifying service (more than one year) ending with the termination of a period of Federal military service. Therefore, his WD AGO Form 53-55 should be corrected to show this award.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1. That the applicant be awarded the Army Good Conduct Medal for the period
1 December 1943 through 7 December 1945.

2. That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), and the first award of the Good Conduct Medal.






3. That so much of the application as pertains to the Oak Leaf Cluster and the Distinguished Unit Citation be denied.

BOARD VOTE:

JLP____ AAO____ PHM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Jennifer L. Prater__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087093
SUFFIX
RECON
DATE BOARDED	20030923
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.