RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 February 2005
      DOCKET NUMBER:  AR2004103841


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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:

      a.  That his WD AGO Form 53-55 (Enlisted Record and Report of
Separation - Honorable Discharge) be corrected by adding the Bronze Star
Medal to his list of awards.

      b.  That his Bronze Star Medal be upgraded to a Silver Star.

2.  The applicant states, in effect, that the heroism he displayed was
consistent with award of the Silver Star.

3.  The applicant provides:

      a.  A copy of his WD AGO Form 53-55 for the period 4 February 1942 to
15 November 1945.

      b.  A copy of a Bronze Star Medal Certificate showing that he was
cited for meritorious achievement in the European Theater of Operations
(ETO) on or about 6 June 1944.  The Certificate has an issue date of 29
June 1951.

      c.  A copy of a Soldiers Medal Certificate showing that he was cited
for heroism not involving actual combat with the enemy in Normandy, France
on 8 June 1944.  The Certificate has an issue date of 18 September 1951.

      d.  Two copies of a Citation for award of the Soldiers Medal.  The
Citation states that the Soldiers Medal is awarded to:

      [Applicant], Technician Fifth Grade,  507th  Parachute  Infantry,  for
      extraordinary heroism not involving actual combat with the enemy on  8
      June 1944 in the vicinity of LA  FIERE,  FRANCE.   Learning  that  two
      wounded soldiers on the opposite bank of the MERDERET RIVER were badly
      in need of emergency first aid treatment, [Applicant], without thought
      of the personal danger involved, waded through heavy swamps  and  swam
      the deep channel of the river  to  reach  his  comrades.   The  prompt
      administering of this first aid probably saved the lives  of  the  two
      wounded soldiers.  [Applicant's]  unselfish  and  heroic  actions  are
      worthy of emulation.  Entered military service from TOLEDO, OHIO.

The Citation is dated 14 July 1944 and signed by M.B. Ridgway, Major
General, US Army, Commanding [82nd Airborne Division].

      e.  A copy of a membership certificate for the 507th Parachute
Infantry Regiment Association.

      f.  A 7 January 2004 letter from a medical doctor who was a first
lieutenant platoon leader in the 507th Parachute Infantry Regiment during
the Normandy invasion.  He states that, on/about 9 June 1944, he witnessed
the applicant "mov[ing] fearlessly [on the La Fiere Causeway], picking up
immobile Soldiers and urging them to get up and move forward.  Firing as he
went, disregarding enormous opposition, he was heroic in every aspect."  He
adds that he recommended the applicant for the Silver Star, but left the
unit to return to England to become Aide de Camp to General James Gavin,
who later became the Commanding General of the 82nd Airborne Division.  He
did not know that the Silver Star had not been awarded.

      g.  A copy of prepared remarks made by Major General Paul F. Smith
during a reunion of the 507th Parachute Infantry Regiment in Columbus,
Georgia on 2 October 1999.

      h.  A copy of a certificate of authenticity for a limited edition
fine art print entitled "Against All Odds – Ridgway's Troopers Seize La
Fiere Causeway, Normandy, June 9th, 1944."

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 November 1945.  The application submitted in this case
is dated 5 February 2004.

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 limitations 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 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.  This case is
being considered using reconstructed records, which primarily consist of
the documents submitted by the applicant and General Orders Number 35,
Headquarters, 82nd Airborne Division, dated 15 July 1944, awarding the
applicant the Soldiers Medal for heroism not involving actual conflict with
the enemy in Normandy, France on 8 June 1944.

4.  The applicant's existing records and the history of the 507th Parachute
Infantry Regimental (PIR) show:

      a.  The applicant was inducted into the Army of the United States on
4 February 1942 at Camp Perry, Ohio.  He successfully completed Basic
Combat Training.

      b.  The applicant was assigned to Service Company, 507th PIR when
that unit was activated on 20 July 1942 at Camp Toccoa, Georgia.  He
completed Airborne Training and Parachute Rigging, Repairing and Packing
Training at Fort Benning, Georgia.

      c.  The applicant embarked with his unit for the ETO on 5 December
1943, arriving in Northern Ireland on 20 December 1943.  The unit was then
attached to the 82nd Airborne Division and moved to Nottingham, England in
March 1944 to prepare for the invasion of Europe.

      d.  The applicant entered combat on 6 June 1944 when the 507th PIR
was dropped near the west bank of the Merderet River in Normandy, France.
He was awarded the Soldiers Medal for actions near La Fiere on 8 June 1944.
 According to the 7 January 2004 letter from the applicant's former platoon
leader, the applicant was recommended for the Silver Star during the same
period.  This leads to speculation that perhaps the applicant is really
asking for a separate award of the Silver Star, not an upgrade of the
Bronze Star Medal.  If such is the case, there are no orders or other
evidence authorizing award of this decoration to the applicant.  In the
absence of a proper authority for this decoration, the applicant may
request award of the Silver Star under the provisions of Section 1130 of
Title 10, United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration under
Section 1130 and, as a result, it will not be discussed further in this
Record of Proceedings in the context of a separate request for the award.

      e.  The 507th fought in France until August 1944 when it was
transferred back to England and reassigned to the 17th Airborne Division.
It returned to combat when it was flown to France during the period 23-25
December 1944 and placed in defensive positions along the Meuse River from
Givet to Verdun.  In February 1945, the 507th attacked across Luxembourg to
the Our River.  The unit was relieved on 10 February 1945.

      f.  The unit participated in Operation Varsity, the last full scale
airborne drop of World War II, on 24 March 1945.  The 507th PIR spearheaded
the assault by parachuting at the southern edge of the Diersfordter Forest,
3 miles northwest of Wesel, Germany.  On 10 April 1945, the unit captured
Essen, Germany.  The unit was in Essen when the war ended and remained in
Germany to perform occupation duty from 2 May to 15 June 1945.  On 16 June
1945, the unit returned to France to prepare for return to the United
States.

      g.  The applicant departed the ETO on 11 October 1945 and arrived in
the United States on 11 November 1945.  He was mustered out of service at
Indiantown Gap Military Reservation, Annville, Pennsylvania on 15 November
1945.

5.  The applicant's WD AGO Form 53-55 further shows that:

      a.  His Branch of Service was Infantry.

      b.  His "Military Occupational Specialty and Number" was "Parachute
Rigger and Repairman" [no number was listed].

      c.  His military qualifications included the Expert Marksmanship
Badge (M1 Garand Rifle), Marksman Marksmanship Badge (1903 Springfield
Rifle and .30 Caliber Carbine), Second Class Gunner (.50 Caliber Machine
Gun).

      d.  His campaign credit included Normandy, Rhineland, Ardennes, and
Central Europe.

      e.  His awards and decorations included the Soldiers Medal, Good
Conduct Medal, Distinguished Unit Badge, American Theater Service Medal,
European-African-Middle Eastern (EAME) Service [Campaign] Medal with
4 bronze [service] stars, and World War II Victory Medal.

6.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
states, in pertinent part:

      a.  The Silver Star (SS) is awarded for gallantry in action against
the enemy.  The required gallantry – spirited and conspicuous acts of
heroism and courage – must have been performed with marked distinction.  As
with all personal decorations, formal recommendations, approval through the
chain of command, and announcement in orders is required.

      b.  The Bronze Star Medal (BSM) is awarded for heroism or 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 is commonly
referred to as a "conversion award."

      c.  War Department Circular 269-1943 established the Combat
Infantryman Badge (CIB) and the Expert Infantryman Badge (EIB) to recognize
and provide an incentive to infantrymen.  The EIB was to be awarded for
attainment of certain proficiency standards or by satisfactory performance
of duty in action against the enemy.  The CIB was awarded for exemplary
conduct in action against the enemy.  War Department Circular 186-1944
further provided that the CIB was to be awarded only to infantrymen serving
with infantry units of brigade, regimental or smaller size.  The Awards
Branch, US Army Human Resources Command has advised in similar cases that,
during World War II, the CIB was normally awarded only to enlisted
individuals who served in the following positions:

      • Light machine gunner (604)
      • Heavy machine gunner (605)
      • Platoon sergeant (651)
      • Squad leader (653)
      • Rifleman (745)
      • Automatic rifleman (746)
      • Heavy weapons NCO (812)
      • Gun crewman (864)

All Soldiers are provided basic combat skills training after they enter  the
Army.  This is provided to  insure  that  all  Soldiers  have  the  survival
skills to perform basic infantry missions when the  need  arises.   However,
no other Soldier in combat is more exposed on a daily basis to  the  dangers
and hardships of war, and no  other  branch  of  the  service  suffers  more
casualties than the infantry.  To maintain  the  prestige,  uniqueness,  and
traditional value of the CIB, the criteria  for  award  has  changed  little
over the years.

      d.  The requirements for award of the basic Parachutist Badge state
that an individual must have satisfactorily completed the prescribed
proficiency tests while assigned or attached to an airborne unit or the
Airborne Department of the Infantry School, or have participated in at
least one combat parachute jump.  Furthermore, a bronze service star is
authorized to be worn on the parachutist badge to denote a soldier’s
participation in a combat parachute jump and that orders are required to
confirm award of these badges.  The regulation also states that credit for
a combat parachute jump is related directly to credit for a combat assault
landing for the unit to which the soldier is assigned at the time of the
assault.  The regulation specifically requires that the unit must be
credited with a combat assault in order for the soldiers to receive the
parachutist badge with the bronze service star affixed and that each
soldier must physically exit the aircraft to receive combat assault credit
and the parachutist badge with bronze service star.

      e.  The bronze arrowhead device is to be worn on the appropriate
service medal to denote participation in a combat parachute jump,
helicopter assault landing, combat glider landing, or amphibious assault
landing while assigned or attached as a member of an organized force
carrying out an assigned tactical mission.  The regulation specifies that
individual assault credit is tied directly to the combat assault credit
decision for the unit to which the Soldier is assigned.  The regulation
requires that the unit must be credited with a combat assault in order for
the Soldiers to receive credit for a combat assault and the Soldier must
physically exit the aircraft or the watercraft as appropriate. The
regulation also specifies that the arrowhead is authorized for wear on the
Asiatic-Pacific Campaign Medal, the EAME Campaign Medal, the Korean Service
Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.
 Only one arrowhead will be worn on any ribbon.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in World War II.  This document shows the unit to which the
applicant was assigned was cited for award of the:

      a.  French Fourragere for the period 5-20 June 1944 by Department of
the Army General Order Number 43, dated 1950.

      b.  Bronze arrowhead device for combat parachute jumps in Normandy on
6-7 June 1944 by Department of the Army General Order Number 118, dated
1945, and in Wesel on 24 March 1945 by Department of the Army General Order
Number 70, dated 1945.

      c.  Army of Occupation Medal with Germany Clasp for occupation duty
in Germany from 2 May 1945 to 15 June 1945.

DISCUSSION AND CONCLUSIONS:

1.  Concerning the applicant's first issue, the Bronze Star Medal
Certificate provided by the applicant is accepted as authentic.  It is
noted that the certificate was issued in 1951 (at a time when the
applicant's records were available for a complete review) and contains
wording suggestive of a conversion award issued based upon receipt of the
Combat Infantryman Badge (probably verified in the record in 1951).  The
Bronze Star Medal should be added to his separation document.

2.  Concerning the applicant's second issue of "correct[ing] Bronze Star to
Silver Star," the Bronze Star Medal was issued as a conversion award for
meritorious service (emphasis added) in the ETO during World War II.  The
Silver Star is an award for valor.  These are two separate and distinct
criteria and a Bronze Star Medal issued for meritorious service cannot be
upgraded to a Silver Star for valor.

3.  The applicant's WD AGO Form 53-55 contains several error and omissions
which require correction.

      a.  It does not reflect award of a Combat Infantryman Badge.  The
applicant was a member of the Infantry Branch and was assigned to the 507th
PIR.  The existing record confirms that the applicant served in combat in
Normandy; he was awarded a Soldiers Medal for actions near La Fiere, France

on 8 June 1944, and he provides a letter from his former platoon leader
attesting to his actions in combat on the La Fiere Causeway on 9 June 1944.
 Also, in 1951, the Army awarded him a Bronze Star Medal for "meritorious
achievement in the ETO on or about 6 June 1944."  This is indicative of a
conversion award of the Bronze Star Medal given as a result of the
applicant having received the Combat Infantryman Badge.  Finally, although
his separation document does not provide an MOS number and only states
"Parachute Rigger and Repairman," it seems reasonable that on 6 June 1944
he was not packing parachutes, but was shouldering a weapon and fighting as
an infantryman.  The Combat Infantryman Badge should be added to his
separation document.

      b.  The applicant was a parachutist and his separation document
reflects completion of the Airborne Training Course.  He also fought with
the 507th PIR in Normandy on 6 June 1944; the unit parachuted into France
on D-Day.  The Parachutist Badge with bronze service star should be added
to his separation document.

      c.  The 507th PIR made assault landings in Normandy, France and
Wesel, Germany during World War II.  Members of the unit who participated
either, or both, assault landings are authorized to wear a bronze arrowhead
device on the EAME Campaign Medal.  This should be added to the applicant's
separation document.

      d.  The 507th PIR was cited for award of the French Fourragere and
the Army of Occupation Medal with Germany Clasp.  As a member of the 507th
PIR at the time, the applicant is entitled to these awards.  They should be
added to his separation document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jlp___  __tap___  __kwl___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for 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 issuing to him a DD Form 215
(Correction to DD Form 214 [formerly WD AGO Form 53-55]) showing that he
was awarded the Bronze Star Medal, the Army of Occupation Medal with
Germany Clasp, the Combat Infantryman Badge, the Parachutist Badge with
bronze service star, a bronze arrowhead for wear on his EAME Campaign
Medal, and the French Fourragere.

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
upgrading his Bronze Star Medal for meritorious achievement to a Silver
Star for valor.



                                  Jennifer L. Prater
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103841                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050215                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0007                                |
|2.                      |107.0014                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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