RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 December 2007
	DOCKET NUMBER:  AR20070008474 


	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. Rial D. Coleman

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. James R. Hastie 

Member

	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 reconsideration of his previously denied request for award of the Bronze Star Medal for his service in World War II.

2.  The applicant states that he immigrated from Nazi Germany to the United States in 1938 to escape religious persecution.  Following his arrival, he registered for the draft.  The applicant continues that when the United States entered into war, he wanted an opportunity to return to Germany and fight against the Nazis.  He contends that his service was exceptional as stated in the documents enclosed with his application.  He continues that when the rest of his unit was allowed to return home following the end of the war, he was kept on active duty in Germany for an additional six months.  The applicant states that every member of his unit, with the exception of him and one other German born Jewish Soldier received the Bronze Star Medal for supervising interrogation under fire.  The applicant concludes that he was not awarded the Bronze Star Medal due to anti-Semitism and discrimination because he was categorized as an "enemy alien."

3.  The applicant provides copies of WD AGO Form 53-55 (Enlisted Record and Report of Separation), WD AGO Form 100 (Separation Qualification Record), Presidential letter of appreciation for service, Jewish War Veterans of the United States membership card, six letters, a magazine article, and an audio cassette in support of his request. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests a formal inquiry into the applicant's previously denied request for award of the Bronze Star Medal.

2.  Counsel states the applicant contends that anti-Semitism played a role in the fact that he and one other Jewish member of his unit did not receive a Bronze Star Medal when all other members received the medal for their service.

3.  Counsel provides copies of the applicant's request for congressional assistance, a Privacy Act consent form, and a letter from Chief, Military Awards Branch of the United States Army Human Resources Command in support of this application.


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2001057799 on 11 September 2001.

2.  The applicant's new contention is his belief that anti-Semitism played a role in the fact that he and one other Jewish member of his unit did not receive a Bronze Star Medal when all other members received the medal for their service.

3.  The applicant’s military records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The records available to the Board were obtained from alternate sources.

4.  Records show the applicant was inducted into the Enlisted Reserve Corps of the Army of the United States on 22 July 1943 and entered active duty on 
12 August 1943.  He completed basic combat training and advanced individual training as a Medical Corpsman.  Following initial entry training, the applicant was selected for additional training.  Upon completion of the Military Intelligence Course, he was awarded the military occupation specialty of 301 (Investigator).  The highest rank he attained while serving on active duty was sergeant/grade 4.  The applicant was honorably discharged from active duty on 24 December 1945.

5.  Records show the applicant served in the European-African-Middle-Eastern Theater of Operations from 28 March 1944 to 6 December 1945.  While there, he was assigned to the Counter-Intelligence Corps Detachment within the 30th Infantry Division.  The applicant's duties as an accredited Special Agent included gathering intelligence, translating enemy documents, interrogating prisoners of war, intercepting enemy communications, and persuading enemy units to surrender.

6.  Item 13 (Title-Description-Related Civilian Occupation) of the applicant's WD AGO Form 100 shows that he was a Special Agent in Charge of a Counter-Intelligence Corps team in the European Theater of Operations.  This form shows the applicant conducted investigations of subversive activities in which military and civilian personnel were involved.  This form further shows he conducted interrogations and automatic arrests of members of the Nazi Party and its affiliated organizations, war criminals, and personnel suspected of espionage.


7.  Records show the applicant was awarded the European-African-Middle Eastern Campaign Medal with four bronze service stars, the Army of Occupation Medal with Germany Clasp, the Good Conduct Medal, the World War II Victory Medal, and the Belgian Fourragere.

8.  The Bronze Star Medal is not shown among the applicant's authorized awards in the available records.

9.  The applicant's record contains a letter of commendation addressed "To Whom It May Concern" written by his unit's Executive Officer, dated 29 June 1945.  The Executive Officer stated, in pertinent part, "[The applicant] has demonstrated himself to be an intelligent, loyal, industrious, and reliable agent and his work contributed considerably to the success of the 30th Counter-Intelligence Command detachment during its operations in Belgium, Holland and Germany.  [The applicant] has served with the combat troops of the 30th Division and his faithfulness to duty has always been notable.  While [the applicant] is a native of Germany, his loyalty to the United States cannot be doubted.  It is believed that, because of the place of his birth, [the applicant's] activities in the forward areas subjected him to special hazards if captured, but those hazards have never deterred [the applicant] in the execution of his duties.  This officer is certain of [the applicant's] loyalty to the United States.  It is with enthusiasm that this officer gives this written commendation to [the applicant] for performance of duty with distinction."

10.  Headquarters 30th Infantry Division General Orders Number 208, dated 
2 November 1945 awarded the Bronze Star Medal to a private assigned to the applicant's unit for meritorious service from 12 October 1944 to 1 May 1945, in Belgium, Holland, and Germany.

11.  Army Regulation 600-45 (Personnel Decorations, dated 9 March 1944) provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity or with the Army of the United States, on or after 
7 December 1941, distinguishes, or has distinguished, himself by heroic or meritorious achievement or service not involving participation in aerial flight, in connection with military operations against an enemy of the United States.  The required achievement or service for award of the Bronze Star Medal is less than that required for award of the Silver Star or the Legion of Merit, but must nevertheless be accomplished with distinction.  The Bronze Star may be awarded to recognize minor acts of heroism in actual combat or single acts of merit, or meritorious service either in sustained operational activities against an enemy or in direct support of such operations.

12.  Section 21 of title 50 of the United States Code provides, in pertinent part, whenever there is a declared war between the United States and any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.  The President is authorized in any such event, to direct the conduct to be observed, on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject, residency requirements, deportation guidelines, and to establish any regulations which are found necessary in the premises and for the public safety.

13.  On 7 and 8 December 1941, Franklin D. Roosevelt, as President of the United States and as Commander in Chief of the Army and the Navy of the United States, made public proclamations that an invasion or predatory incursion was threatened upon the United States by the Empire of Japan and the countries of Germany and Italy.  The President further proclaimed, in pertinent part, that all alien enemies shall be liable to restraint, or to give security, or to remove and depart from the United States in the manner prescribed by title 50 of the United States Code, and as prescribed in the regulations duly promulgated by the President.  He concluded by granting full authority to the Attorney General and the Secretary of War for all acts done by them in the execution of such regulations.

14.  On 19 February 1942, Franklin D. Roosevelt, as President of the United States and as Commander in Chief of the Army and the Navy of the United States, issued Executive Order Number 9066 authorizing the Secretary of War, and the Military Commanders whom he may designate, whenever he or any designated Commander deems such actions as necessary or desirable, to prescribe Military areas wherever they deemed appropriate.  He further authorized and directed the Secretary of War and the said Military Commanders to take steps they deemed advisable to enforce compliance with the restrictions applicable to each designated Military area, including the use of Federal troops and other Federal Agencies.

15.  On 13 February 2001, a Congressman introduced a Bill to the House of Representatives which was passed by Congress, signed by President George W. Bush, and referred to the Committee on Armed Services.  The Bill directed the Secretaries of the military departments to conduct a review of military service records to determine whether certain Jewish American war veterans, including those previously awarded the Distinguished Service Cross, Navy Cross, or Air Force Cross, should be awarded the Medal of Honor.  This Act may be cited as the "Leonard Kravitz Jewish War Veterans Act of 2001".

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was not awarded the Bronze Star Medal due to anti-Semitism and discrimination against "enemy aliens" was carefully considered and found to be with merit.

2.  When President Roosevelt issued Executive Order Number 9066 it provided the basis for mass exclusion and internment of nearly 200,000 people of German, Japanese, and Italian ancestry living in the United States and its territories based solely on their ethnicity and without regard for how long they had been residents.  The Federal Bureau of Investigation (FBI) and other law enforcement agencies arrested thousands of suspected enemy aliens.  These people were forced from their homes and incarcerated in internment camps, accused of disloyalty toward the American government, yet guilty of nothing but their German, Japanese, or Italian heritage.

3.  The government classification of "enemy alien" which was assigned to all foreign nationals living in the United States and its territories whose country of birth was at war with the United States, clearly implied that all foreign nationals were potentially secret sympathizers or supporters of the enemy working covertly to undermine the strength of the United States through espionage or sabotage.  In light of the fact that essentially every able-bodied American male was called upon to serve in the military, it is evident that they came from a wide variety of religious and socioeconomic backgrounds.  Therefore, it is totally conceivable that some officer and enlisted personnel within the ranks of the Army may have harbored prejudice toward people of German and/or Jewish ancestry.

4.  Military service in defense of the Nation has historically been viewed as an essential means for immigrants and other ethnic minorities to prove their loyalty to the United States and gain entry into the American mainstream.  Drafts that include newly naturalized citizens, as well as those who have declared their intent to become citizens, and high rates of volunteer enlistments among ethnic minorities have led to a military that draws upon service members from a wide variety of racial, religious, and national backgrounds.

5.  When World War II began, German-Jewish refugees were considered enemy aliens by the United States government.  Initially, they were not allowed to enlist in the United States military and once they were allowed, they had a number of restrictions placed upon them, to include prohibition from carrying a firearm.  With few exceptions, enemy aliens were not allowed to serve in infantry or combat units; instead, they were assigned to groups such as the medical or ordnance corps.

6.  The Army awards regulation, in effect at the time, provided that the Bronze Star Medal may be awarded to recognize minor acts of heroism in actual combat or single acts of merit, or meritorious service either in sustained operational activities against an enemy or in direct support of such operations.

7.  General Orders awarded the Bronze Star Medal to one of the applicant's subordinates for meritorious service from 12 October 1944 to 1 May 1945, in Belgium, Holland, and Germany.  This is the same time period and area of operations cited in the letter of commendation that the applicant received from his Executive Officer.

8.  By passing bills, such as the Leonard Kravitz Jewish War Veterans Act of 2001, ordering reviews of the military service records of foreign born, Jewish, and African American war veterans, the United States government has acknowledged the fact that anti-Semitism and discrimination existed within the military and resulted in the wrongful exclusion and/or downgrading of awards to members of each Service based solely upon ethnicity.  In fact, this legislation was the catalyst for upgrading several Silver Stars previously awarded to Japanese-Americans to the Medal of Honor.

9.  It is clear that the applicant fulfilled the prerequisites for award of the Bronze Star Medal when, in spite of particularly hazardous conditions, he demonstrated conspicuously meritorious and outstanding performance of military duty against an armed enemy of the United States.

10.  Although there is no conclusive evidence that the applicant was discriminated against, history shows that both anti-Semitism and prejudice were prevalent during his time of honorable service to his newly adopted nation.  It is quite possible that the applicant was not recommended for award of the Bronze Star Medal as the result of conscious disqualification by any of the unit commanders for whom he served.  It is also feasible that the applicant's Executive Officer rendered the letter of commendation because he believed the applicant's meritorious contributions to the unit's mission would otherwise go unrecognized by the chain of command.

11.  Based on the foregoing, it is in the interest of equity to award the applicant the Bronze Star Medal for his meritorious service as a Counter-Intelligence Special Agent during World War II.

BOARD VOTE:

_LDS___  __ECP___  _JRH___  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 amendment of the ABCMR’s decision in Docket Number AR2001057799, dated 11 September 2001.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show he was awarded the Bronze Star Medal.




__Linda D. Simmons__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.