RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 JUNE 2005
      DOCKET NUMBER:  AR20040007024


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Joe Schroeder                 |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the records of her father, a deceased
former Soldier, be corrected to reflect entitlement to the French Croix de
Guerre.

2.  The applicant states, in effect, that in spite of the fact that her
father’s separation document indicates that he was assigned to Company C,
410th Infantry, he was assigned to Company L, 10th Infantry Regiment, 5th
Infantry for the duration of his military service.

3.  She states that she has been in contact with another former Soldier who
served in her father’s organization, and was informed by him that the unit
was awarded the French Croix de Guerre.  She notes the other Soldier (Mr.
P) received the French Croix de Guerre as a result of action by this Board
in 2002.

4.  The applicant provides documentation which establishes her eligibility
for submitting an application to this Board on behalf of her father.  She
also submits a copy of her father’s 1945 separation document.

CONSIDERATION OF EVIDENCE:

1.  The former Soldier’s military records are 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
that the applicant’s records were lost or destroyed in that fire.  However,
there were sufficient documents remaining in a reconstructed record for the
Board to conduct a fair and impartial review of this case.

2.  The former Soldier’s separation document indicates that he enlisted and
entered active duty in Milwaukee, Wisconsin on 30 October 1940.  He
departed the United States on 5 September 1941 and arrived in the European
Theater of Operations on 16 September.  He departed the European Theater in
July 1945 and on 9 August 1945 was honorably discharged as a result of
demobilization.

3.  His separation document does indicate that he was assigned to Company
C, 410th Infantry at the time of his separation.  The separation document
also shows that he participated in five designated campaigns (Normandy,
Northern France, Ardennes, Rhineland, and Central Europe) while overseas
and that he was awarded the Combat Infantryman Badge.



4.  Documents included with the Board’s November 2002 action concerning Mr.
P indicate that he, like the former Soldier, was from Wisconsin.  Mr. P
enlisted and entered active duty on 9 October 1940 in Milwaukee and
departed the United States the same date as the former Soldier.  Mr. P
returned to the United States just 5 days after the former Soldier.  His
unit of assignment at the time of separation, which was in October 1945,
was a Guard Company at the United States Disciplinary Barracks.  Mr. P’s
assignment with the 10th Infantry Regiment, 5th Infantry Division was
confirmed via a 1951 letter from the Office of The Adjutant General
confirming his award of the Bronze Star Medal.

5.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and
Campaign Participation Credit Register) notes the 410th Infantry only
participated in three campaigns during World War II while the 10th Infantry
participated in the five campaigns reflected on the former Soldier’s
separation document.  The pamphlet also confirms that the 10th Infantry was
awarded an Army of Occupation Medal with “Germany” clasp for service in
Germany between 2 May and 5 July 1945, and the French Croix de Guerre for
the period 9 through
15 September 1944.

6.  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.  Awards of the Bronze Star Medal, based on the Combat
Infantryman Badge or Combat Medal Badge, are commonly referred to as a
conversion award.

7.  Army Regulation 600-8-22 also provides, in pertinent part, for award of
the World War II Victory Medal.  It is awarded for service between 7
December 1941 and 31 December 1946, both dates inclusive.






DISCUSSION AND CONCLUSIONS:

1.  Although there are no specific documents which confirm that the
applicant’s father was assigned to the 10th Infantry Regiment, the fact
that the 410th Infantry only participated in three campaigns during World
War II and the former Soldier’s separation document shows participation in
the five campaigns the 10th Infantry was credited with participating in,
supports a conclusion that the applicant’s contention that her father was
assigned to the 10th Infantry while in the European Theater of Operations
and not the 410th Infantry is valid.

2.  It is also likely, based on the dates that Mr. P departed the United
States and when he returned the United States, and the fact that both he
and the applicant’s father were from Wisconsin and entered active duty only
weeks apart, that the two of them did serve overseas together.  It is
reasonable to believe they would have known one another considering that
both were from Wisconsin and entered active duty from the location.

3.  In view of the foregoing, and in the interest of justice and equity, it
would be appropriate to conclude that the applicant’s father was a member
of the 10th Infantry Regiment while overseas and that as such, he would
have been entitled to the French Croix de Guerre and the Army of Occupation
Medal with “Germany” clasp.

4.  The evidence also shows that the applicant’s father is entitled to a
Bronze Star Medal as a conversion award based on his Combat Infantryman
Badge, and the World War II Victory Medal.

BOARD VOTE:

___JS___  ___LF___  ___JM __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected:


      a.  by showing that the former Soldier is entitled to the French Croix
de Guerre and the Army of Occupation Medal with “Germany” clasp based on
service with the 10th Infantry Regiment during World War II; and


      b.  by showing that he is entitled to a Bronze Star Medal as a
conversion award based on his Combat Infantryman Badge, and the World War
II Victory Medal.




                                  _____ Joe Schroeder_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007024                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050628                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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