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Decision Text

ARMY | BCMR | CY2001 | 2001051298C070420
Original file (2001051298C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 March 2001
         DOCKET NUMBER: AR2001051298


         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. Paul A. Petty Analyst


The following members, a quorum, were present:

Ms. Shirley Powell Chairperson
Ms. Regan K. Smith Member
Mr. John P. Infante Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that his Enlisted Record and Report of Separation from World War II show his rank at discharge as his highest rank held, Corporal; that he be awarded any military awards for which he is authorized but has not received; that his separation and combat unit be fully listed as Company F, 23rd Infantry Regiment, 2nd Infantry Division; and that he receive a separation certificate for the same period showing his highest rank held and his combat unit of assignment.

3. The applicant states, in effect, that in 1945 during WWII, he was in combat with Company F, 23rd Infantry Regiment, 2nd Infantry Division. He provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge); his certificate in lieu of lost or destroyed Honorable Discharge, dated 7 December 1945; and his certification of Military Service, dated 22 July 1986.

4. The Board requested the applicant’s military records from the repository in
St. Louis, Missouri, but without success. 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 in that fire. From available alternate records and copies of official military documents provided by the applicant, it is shown that he was inducted into the Army on 5 April 1942 and entered into active service on 25 April 1942. On 30 June 1942, he was shipped overseas to the European Theater of Operations arriving on 14 July 1942. He advanced to the rank of Corporal (CPL).

5. The applicant is one of 2221 African-American Volunteers who volunteered for infantry duty in early 1945 in response to a 26 December 1944 call from Headquarters, European Theater of Operations, for such volunteers to replace infantry losses experienced during the Battle of the Bulge in WWII. A condition of volunteering for African-American soldiers was administrative reduction to Private (PVT) or Private First Class (PFC). After volunteering, the applicant received combat infantry training in France for six weeks at the 16th Reinforcement Depot and was then assigned to Company F, 23rd Infantry Regiment, 2nd Infantry Division on or about 14 March 1945 as a PVT in the Military Occupational Specialty (MOS) 745 - Rifleman, according to unit morning reports. He was advanced to PFC on 15 March 1945. He fought with this unit in combat and stayed with the unit until his discharge. He is credited with participation in the Normandy and Rhineland campaigns. He was not restored to his pre-volunteer rank of CPL. He departed Europe on 14 April 1945 and arrived back in the United States on 23 April 1945. He was honorably discharged on 16 June 1945 by reason of demobilization at the rank of PFC. On his report of separation, his



arm of service is shown as Infantry, his MOS as Rifleman – 745, and his unit at time of separation as Company F, 23rd Infantry. He was awarded the European-African-Middle Eastern Campaign Medal and the Good Conduct Medal.

6. According to Army Regulation 600-8-22, Military Awards, paragraph 5-12,
a member of the Armed Forces of the United States who, between 7 December 1941 and 8 November 1945, served in the European, African, and/or Middle Eastern areas of operations, is authorized the European-African-Middle Eastern Campaign Medal (EAME). One bronze service star is authorized for wear on the EAME for each campaign in which the soldier participated when the soldier is assigned or attached to, and present for duty, with a unit in combat in the areas of operation or was awarded a combat decoration. A silver service star is worn in place of five bronze service stars.

7. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946 according to Army Regulation 600-8-2, Military Awards, paragraph 5-11.

CONCLUSIONS:

1. It is an injustice that the applicant was not restored to the rank that he served in prior to his discharge.

2. The applicant's Enlisted Record and Report of Separation from World War II should show his unit of separation and combat unit as Company F, 23rd Infantry Regiment, 2nd Infantry Division; and his grade the same as his highest rank held, CPL.

3. His Honorable Discharge Certificate for the same period should show his rank as Corporal and his combat unit as Company F, 23rd Infantry Regiment,
2nd Infantry Division.

4. He is authorized the following additional awards which should be noted on his Enlisted Record and Report of Separation and the medals provided to him: the European-African-Middle Eastern Campaign Medal with 2 bronze service stars and the World War II Victory Medal.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.





RECOMMENDATION
:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

         a. correcting the Honorable Enlisted Record and Report of Separation from World War II to show his unit of separation and combat unit as Company F, 23rd Infantry Regiment, 2nd Infantry Division; and his grade the same as his highest rank held, CPL;

         b. issuing him a new Honorable Discharge Certificate showing his rank as Corporal and his combat unit as Company F, 23rd Infantry Regiment, 2nd Infantry Division: and

         c. showing on his Enlisted Record and Report of Separation the following additional awards and providing him with the medals: the European-African-Middle Eastern Campaign Medal with 2 bronze service stars and the World War II Victory Medal.

BOARD VOTE:

___sp___ ___rs___ __ji____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Shirley Powell___
                  CHAIRPERSON



INDEX

CASE ID AR2001051298
SUFFIX
RECON
DATE BOARDED 20010322
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107 – Decorations and Awards
2. 100 – Administrative Matters
3.
4.
5.
6.


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