RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 June 2007
      DOCKET NUMBER:  AR20070001381


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, in effect, that the Bronze Star Medal be added
to the WD AGO Form 53-55 (Enlisted Record and Report of Separation) of his
deceased uncle, a former service member (FSM).

2.  The applicant, as the legal representative of the FSM, states, in
effect, the FSM was authorized the Bronze Star Medal in February 2006 based
upon award of the Combat Infantryman Badge.

3.  The applicant provides a 3 February 2006 from the National Personnel
Records Center; an NA (National Archives and Records Administration) Form
13164 (Information Releasable under the Freedom of Information Act); the
FSM’s death certificate; the FSM’s obituary; a copy of the FSM’s military
identification card; a power of attorney and a legal notice making the
applicant the executor of the FSM’s estate; and a copy of the FSM’s WD AGO
Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The FSM was inducted into the Army on 1 April 1942.  He arrived in the
European Theater of Operations on 3 April 1944.

2.  Headquarters, 358th Infantry General Orders Number 6, dated 30 July
1944, awarded the FSM the Combat Infantryman Badge effective 1 July 1944.

3.  The FSM departed the European Theater of Operations on 22 August 1945
and was assigned to the 358th Infantry at that time.  His Certificate of
Disability for Discharge shows he was assigned to Company I [3d Battalion],
358th Infantry.

4.  On 30 October 1945, the FSM was discharged with a certificate of
disability.  His WD AGO Form 53-55 shows he was awarded the World War II
Victory Medal, the European-African-Middle Eastern (EAME) Campaign Medal
with five bronze service stars, and the Army Good Conduct Medal.  Item 31
(Military Qualification and Date) does not show award of the Combat
Infantryman Badge. His WD AGO Form 53-55 does show that he served 2 years,
1 month, and       18 days in the continental United States.  It also shows
he participated in five campaigns, to include the Normandy campaign.

5.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Bronze Star Medal to any person who distinguished himself or herself by
heroic or meritorious achievement or service, not involving participation
in aerial flight, in connection with military operations against an armed
enemy.  It also provides for award of the Bronze Star Medal to members of
the armed forces who, after         6 December 1941 and prior to 3
September 1945, have been cited in orders or in a formal certificate for
meritorious or exemplary conduct in ground combat against the armed enemy.
A citation in orders for the Combat Infantryman Badge or Medical Badge
awarded in the field during the period of actual combat against the armed
enemy is considered as a citation for exemplary conduct in ground combat.

6.  Army Regulation 600-8-22 provides 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 or
service within the continental United States for an aggregate period of one
year.

7.  Army Regulation 600-8-22 authorizes award of a bronze service star,
based on qualifying service, for each campaign listed in Appendix B of this
regulation and states that authorized bronze service stars will be worn on
the appropriate service medal, to include the EAME Campaign Medal.  A
silver service star is authorized in lieu of five bronze service stars.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving during World War II.  This document shows that the 3d Battalion,
358th Infantry, was twice cited for award of the Meritorious Unit
Commendation, for the period 10 June through 6 December 1944 and for the
period 7 December 1944 through 31 July 1945, both by Headquarters, 90th
Infantry Division General Orders Number 631, dated 23 August 1945.

9.  Department of the Army Pamphlet 672-1 also shows that the 358th
Infantry received assault credit for Normandy for the period 6 and 7 June
1944 on War Department Orders Number 70 dated 1945; was cited once for the
French Croix de Guerre on War Department Orders Number 43, dated 1950; and
received occupation credit for Germany for the period 20 May through 31
October 1945.

10.  Army Regulation 600-8-22 provides for the “arrowhead” 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 EAME Campaign Medal.

11.  Army Regulation 600-8-22 provides that when a unit was cited only one
time for award of the French Croix de Guerre there was no individual
device, medal, or ribbon authorized for wear by members of the unit.  In a
28 March 1983 letter, the U.S. Army Military Personnel Center published the
policy regarding awards of the French Croix de Guerre to U.S. Army veterans
who had served in World War I and World War II.  Essentially, this guidance
states that there is no individual emblem presented to or worn by Army
Soldiers who were in a unit cited by the French Government for the Croix de
Guerre.  Thus, former members of any American units which appear in
Department of the Army Pamphlet 672-1 are not authorized an individual
device.

12.  Army Regulation 600-8-22 provides that the Army of Occupation Medal is
awarded for service of 30 consecutive days at a normal post of duty in a
qualifying location.  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 EAME Campaign Medal must have been awarded prior to 9
May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the FSM was awarded the Combat
Infantryman Badge and is therefore eligible for award of the Bronze Star
Medal based upon award of the Combat Infantryman Badge.  The Combat
Infantryman Badge and the Bronze Star Medal should be added to his WD AGO
Form 53-55.

2.  The FSM served within the continental United States for an aggregate
period of more than one year and is therefore eligible for award of the
American Campaign Medal.  This award should be added to his WD AGO Form 53-
55.

3.  The evidence of record shows the FSM served in five campaigns, and his
WD AGO Form 53-55 shows he was awarded the EAME Campaign Medal with five
bronze service stars.  However, one silver service star is worn in lieu of
five bronze service stars.  His WD AGO Form 53-55 should be amended to show
he was awarded the EAME Campaign Medal with one silver service star.

4.  The FSM’s unit was awarded assault credit.  Since it appears he was
assigned to the unit at the time the assault was made, and since he was
credited with participation in the Normandy campaign, there is a reasonable
presumption that he also participated in the assault.  Therefore, his WD
AGO Form 53-55 should be amended to show he was authorized to wear an
“arrowhead” on his EAME Campaign Medal.

5.  The FSM’s unit was twice awarded the Meritorious Unit Commendation
while he was assigned to it.  Therefore, his WD AGO Form 53-55 should be
amended to show two awards of the Meritorious Unit Commendation.

6.  The FSM’s unit was cited once for award of the French Croix de Guerre.
Although he would not have been authorized to wear a ribbon, fourragere,
medal, or other device based on a one-time citation, an entry should be
made on his WD AGO Form 53-55 to show this citation.

7.  The FSM’s unit was awarded occupation credit.  Therefore, his WD AGO
Form 53-55 should be amended to add the Army of Occupation Medal with
Germany clasp.

BOARD VOTE:

__bje___  __fcj___  __qas___  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
amending his WD AGO Form 53-55 to:

     a.  add the Combat Infantryman Badge and the Bronze Star Medal based
upon award of the Combat Infantryman Badge;

     b.  add the Army of Occupation Medal with Germany clasp and two awards
of the Meritorious Unit Commendation;

     c.  add, in the Remarks block, the entry “FRENCH CROIX DE GUERRE –
UNIT CITATION – NO EMBLEM AUTHORIZED;

     d.  delete the award of the European-African-Middle Eastern Campaign
Medal with five bronze service stars; and

     e.  add award of the European-African-Middle Eastern Campaign Medal
with one silver service star and with “arrowhead.”




                                  __Barbara J. Ellis____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001381                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070619                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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