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ARMY | BCMR | CY2003 | 2003088860C070403
Original file (2003088860C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2003
         DOCKET NUMBER: AR2003088860

         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 Joseph A. Adriance Analyst

The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. Christopher J. Prosser Member
Mr. John T. Meixell 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 all awards to which he is entitled be added to his record.

3. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were lost in that fire. However, there were sufficient documents in the reconstructed record to allow the Board to conduct a fair and impartial review of the case.

4. The applicant’s separation document (WD AGO Form 53-55) shows that he was inducted into the Army of the United States and entered active duty on
13 March 1944. He continuously served on active duty until being honorably separated on 8 January 1946. It also shows that served in the European Theater of Operations (ETO) from 3 September 1944 through 22 February 1945, and participated in the Northern France and Rhineland campaigns. The list of awards included in this document that he earned during his tenure on active duty include the Combat Infantryman Badge (CIB), Army Good Conduct Medal (AGCM), and Purple Heart (PH).

5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 3-13 of the awards regulation outlines the criteria for the award of the Bronze Star Medal (BSM). It states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947. This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

6. Paragraph 5-11 of the awards regulation contains guidance on the World War II Victory Medal. It states, in pertinent part, that it is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

7. Paragraph 5-12 of the same regulation contains guidance on the
European-African-Middle Eastern Campaign Medal, and it states, in pertinent part, that it is awarded for service within the ETO between 7 December 1941 and 8 November 1945, and that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO.


CONCLUSIONS:

1. The Board notes the applicant’s request that all awards to which he is entitled be added to his record. The evidence of record confirms that the applicant served in the ETO and earned the CIB during his tenure on active duty. By regulation, this entitles him to the BSM. Therefore, the Board finds that it would be appropriate to add this award to his record at this time.

2. Further, based on his service in the ETO and his participation in two campaigns, he is entitled to the European-African-Middle Eastern Campaign Medal with 2 bronze service stars. In addition, based on his active duty service, he is entitled to the World War Victory Medal. Thus, the Board finds it would also be appropriate to add these awards to his record at this time.

3. 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 awarding the individual concerned the Bronze Star Medal, for exceptional conduct in ground combat against an armed enemy between 3 September
1944 and 22 February 1945; by showing that based on his World War II service and his service and campaign participation in the ETO, he is entitled to the European-African-Middle Eastern Campaign Medal with 2 bronze service stars and the World War II Victory Medal; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:

__JM__ __SK__ __CP_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Stanley Kelley
         CHAIRPERSON






INDEX

CASE ID AR2003088860
SUFFIX
RECON
DATE BOARDED 2003/09/DD
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1946/01/08
DISCHARGE AUTHORITY AR 615-365
DISCHARGE REASON Demobilization
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2.
3.
4.
5.
6.


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