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ARMY | BCMR | CY2004 | 20040003456C070208
Original file (20040003456C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 March 2005
      DOCKET NUMBER:  AR20040003456


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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, as the daughter of a deceased former service member
(FSM), requests correction her late father's records to show award of the
Bronze Star Medal.

2.  The applicant states that the FSM was awarded the Combat Infantryman
Badge in August 1944.  The applicant further states that in 1967, the
criteria for award of the Bronze Star was changed to authorize the award to
veterans authorized the Combat Infantryman Badge for service during World
War II.

3.  The applicant provides a copy of the FSM's WD AGO Form 53-55 (Enlisted
Record and Report of Separation - Honorable Discharge), an excerpt from an
unrelated case pertaining to the criteria for the Bronze Star Medal, and a
Certificate of Live Birth from the Office of the Register of Deeds from the
State of North Carolina.

CONSIDERATION OF EVIDENCE:

1.  The FSM'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.

2.  Available records show the FSM entered active duty on 12 March 1942.
He served as a heavy machine gunner with the 794th Glider Infantry Regiment
in the European-African-Middle Eastern Theater of Operations from 10 May
1943 to 6 September 1945.  He was honorably discharged on 21 September
1945.

3.  The applicant's WD AGO Form 53-55 shows in item 31 (Military
Qualification and Date) the entry "Combat Infantry Badge 18 August 1944 and
AVN Badge."

4.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55
lists the following awards earned during his service:  European-African-
Middle-Eastern Theater Ribbon with six bronze service stars and one bronze
arrowhead, Good Conduct Medal, and the Distinguished Unit Badge.

5.  The FSM's records contain a DA Form 1577 (Authorization for Issuance of
Awards), dated 23 November 1993.  This document shows that the FSM was
authorized the Bronze Star Medal.

6.  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.
This provision did not go into effect until 10 September 1947 when Change
12 to Army Regulation 600-45 (Decorations) was published; therefore, many
soldiers separated prior to this date are entitled to award of the Bronze
Star Medal based on award of the Combat Infantryman Badge, but have never
been awarded the Bronze Star Medal.

7.  Army Regulation 600-8-22 (Military Awards), in pertinent part, that a
silver service star is authorized in lieu of five bronze service stars.

8.  Army Regulation 600-8-22 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.

9.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows, among other
information, credit for occupation duty during World War II.  This document
shows the unit to which the applicant was assigned, the 794th Glider
Infantry Regiment, 82nd Airborne Division, received credit for occupation
duty in Germany during World War II.

10.  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 European-African-Middle Eastern Campaign Medal must have
been awarded prior to 9 May 1945.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her father's records should be corrected to
show award of the Bronze Star Medal based on the fact that he received the
Combat Infantryman Badge during his service in World War II.

2.  Evidence of record shows that the FSM was awarded the Combat
Infantryman Badge while serving with the 794th Glider Infantry Regiment in
the European Theater of Operations.  Therefore, the FSM's records should be
corrected to show award of the Bronze Star Medal.

3.  The FSM received participation credit for six campaigns.  Therefore,
his
WD AGO Form 53-55 should be amended to show one silver service star and one
bronze service star.

4.  While the applicant was serving in the 794th Glider Infantry Regiment,
this unit received occupation credit for its service in Germany.
Therefore, the FSM is entitled to correction of his WD AGO Form 53-55 to
show award of the Army of Occupation Medal with Germany Clasp.

5.  Based on the FSM's service during World War II, he is entitled to award
of the World War II Victory Medal.

BOARD VOTE:

__wdp___  __rjw___  __lgh___  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 by:


      a.  deleting the European-African-Middle Eastern Campaign Medal with
6 bronze service stars and bronze arrowhead; and

      b.  adding the Bronze Star Medal; the European-African-Middle Eastern
Campaign Medal with one silver service star, one bronze service star, and
bronze arrowhead; the World War II Victory Medal; and the Army of
Occupation Medal with Germany Clasp.


                                   William D. Powers
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003456                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050331                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0065                                |
|3.                      |107.0066                                |
|4.                      |107                                     |
|5.                      |                                        |
|6.                      |                                        |


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