RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 June 2007
	DOCKET NUMBER:  AR20060015713 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Sherri V. Ward

Chairperson

Mr. Richard T. Dunbar

Member

Mr. David W. Tucker

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 of her late father's records to show award of the American Campaign Medal, the Army of Occupation Medal, and the Bronze Star Medal. 

2.  The applicant states, in effect, that the above awards were omitted from the FSM's original service records.  The applicant further states that the FSM served in Italy from June 1943 through November 1945.

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), dated 5 December 1945; Headquarters, 180th Infantry General Orders Number 27, dated 30 June 1944; an Honorable Discharge Certificate, dated 5 December 1945; 19th Replacement Battalion (Separate) orders, dated 16 August 1945; a United States of America Presidential certificate; a New York State Department of Health Certificate of Death, dated 25 March 1982; and a New York State Department of Health Certificate of Birth Registration, dated 1 June 1950.

CONSIDERATION OF EVIDENCE:

1.  The FSM'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 FSM's records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55.

2.  The FSM's WD AGO Form 53-55 with the ending period 5 December 1945 shows he was inducted on 8 February 1943 and entered active duty on 
15 February 1943.  Records show that the FSM arrived in the Mediterranean Theater of Operations on 21 June 1943 assigned to C Company, 180th Infantry.  He was apparently reassigned out of the 180th Infantry on an unknown date.

3.  19th Replacement Battalion (Separate) orders, dated 16 August 1945, show that the FSM was apparently assigned to Naples, Italy (southern Italy).  On or about 17 August 1945, he went on temporary duty (TDY) thru Milan, Italy (northern Italy) to the Swiss Leave Hotel, Switzerland.

4.  The FSM departed the Mediterranean Theater of Operations on 14 November 1945.  He was honorably discharged on 5 December 1945.



5. Item 31 (Military Qualification and Date) of the FSM's WD AGO Form 53-55 shows the Combat Infantryman Badge.

6.  Item 33 (Decorations and Citations) shows the FSM was awarded the European-African-Middle Eastern Theater Campaign Medal with bronze arrowhead, the Good Conduct Medal, and the World War II Victory Medal.

7.  Item 37 (Continental Service) shows the FSM served 3 months and 29 days in the Continental United States.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  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, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal, qualifying service must have occurred between 9 May 1945 and 15 September 1947 in the compartment of Venezia Guilia e Zara or the Province of Udine (both in northeast Italy), or with a unit in Italy as designated in DA General Orders 4, 1947.  

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 
30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 
60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record of record shows that the FSM served in the Mediterranean Theatre of Operations from 21 June 1943 through 14 November 1945.  Army Regulation 600-8-22 shows that the award of the Army of Occupation Medal is awarded for service in the Province of Udine or the compartment of Venezia Guilia e Zara (northeast Italy).  However, the FSM's TDY orders show that he was assigned to Naples, Italy (southern Italy).  Therefore, there is insufficient evidence to show the FSM is eligible for award of the Army of Occupation Medal.

2.  Evidence of record shows that the FSM did not serve within the Continental United States for an aggregate period of one year; therefore, he is not eligible for the American Campaign Medal.

3.  Records show that the FSM received the Combat Infantryman Badge which makes him eligible for award of the Bronze Star Medal.  The FSM's WD AGO Form 53-55 should be amended to add this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__SVW__  __RTD__  __DWT__  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the FSM the Bronze Star Medal (based on award of the Combat Infantryman Badge); and
	
b.  amending his WD AGO Form 53-55 to add the Bronze Star Medal (based on award of the Combat Infantryman Badge). 



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 award of the Army of Occupation Medal and the American Campaign Medal.




____ Sherri V. Ward ____
          CHAIRPERSON




INDEX

CASE ID
AR20060015713
SUFFIX

RECON

DATE BOARDED
21 JUNE 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0063.0000
2.
107.0067.0000
3.
107.0014.0000
4.

5.

6.