PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 November 2001
         DOCKET NUMBER: AR2001060592


         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. William Blakely		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. Stanley Kelley		Member
Ms. Karen A. Heinz		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.

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2. The applicant requests, in effect, that his rank of captain (CPT) be reinstated and his records be corrected to show this rank.

3. The applicant states, in effect, that he would like to be reinstated to the rank of CPT. He claims he was given bad advice during his separation processing at Fort Dix, New Jersey, and has regretted it all these years. His decision was based on his desire to get back to his civilian job and to care for his family. He indicates that at the end of World War II he was returned to the United States and reported to his Division outside of Austin, Texas, where he served as a company commander training troops for the invasion of Japan. He states that had it not been for his request for separation, he is sure he would have been raised to the rank of CPT. He claims that at Fort Dix he was advised that he would not be recalled for duty in the Far East if he separated as a first lieutenant (1LT) rather than a CPT. He concludes that he will be celebrating his 90^th birthday this year and hopes this request can be approved. In support of his application, he submits the following documents: Separation Qualification Record (WD AGO Form 100); Military Record and Report of Separation (WD AGO Form 53-98); Honorable Discharge Certificate (WD AGO Form 55); 1LT promotion certificate; and the temporary appointment letter granting him his commission and appointment as a second lieutenant (2LT), dated 6 December 1944.

4. The applicant's military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973. The information herein was gleaned from other documents and records provided to the Board.

5. On 21 January 1944, the applicant was initially inducted into the Army. He served on active duty in an enlisted status for 10 months and 15 days until
5 December 1944, when he was honorably separated, in the rank of corporal, in order to accept a commission.

6. On 6 December 1944, the applicant was commissioned a 2LT and he entered active duty in a commissioned officer status. He served in that status for 1 year, 4 months, and 18 days until 24 April 1946, when he was honorably released from active duty in the rank of 1LT.

7. The WD AGO Form 53-98, issued to and signed by the applicant on the date of his separation, confirms that on the date of his separation he held the rank of 1LT and that he was serving in primary specialty number 1542 (Infantry Unit Commander). It also verifies that he participated in the Rhineland, Ardennes, and Central Europe campaigns and earned the following awards during his active duty tenure: Bronze Star Medal (BSM); American Campaign Medal; World War II Victory Medal; European-African-Middle Eastern Campaign Medal; and Combat Infantryman Badge (CIB).

8. Army Regulation 600-8-22 prescribes the policy and procedures for military awards. Paragraph 3-12 contains guidance on awarding the BSM. It states, in pertinent part, that BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy and authorizes the award of the BSM for members who were cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and
2 September 1945. For this purpose, a CIB is considered to be a citation in orders and this means, in effect, that the BSM is authorized to any individual who received the CIB during World War II.

9. Paragraph 5-12 contains guidance on awarding the European-African-Middle Eastern Campaign Medal and states, in pertinent part, that a bronze service star is authorized for each campaign a member participated in the theater.

10. Paragraph 6-3, states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the BSM.

11. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. The award listing contained in this source publication for the Company L, 3^rd Battalion, 23^rd Regiment, 2^nd Infantry Division, the applicant’s unit, confirms that during his assignment tenure the unit earned a Presidential Unit Citation.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his record should be corrected to show he held the rank of CPT. However, the Board finds insufficient evidence to support this claims.

2. The WD AGO Form 53-55 issued to and verified by the applicant with his signature on the date of his separation confirms that the highest rank he attained while on active duty was 1LT. Lacking evidence to the contrary, the Board presumes this document is correct and therefore, it is compelled to deny the requested relief.

3. However, during the review of this case, the Board did find that the applicant was entitled to additional awards that were not included in his records and it concludes that they should be at this time. The available evidence confirms the applicant participated in 3 campaigns of World War II and therefore, by regulation, he is entitled to 3 bronze service stars for his European-African-Middle Eastern Campaign Medal.
4. In addition, the applicable regulation authorizes the BSM for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 for every member who received the CIB during World War II. The available evidence confirms that the applicant was awarded the CIB for his combat service during World War II and as a result he is entitled to the BSM (1^st OLC) based on this regulatory criteria. Therefore, the Board finds it would be appropriate to add the BSM (1^st OLC) to his record at this time.

5. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) confirms the applicant’s unit was awarded a Presidential Unit Citation during his assignment tenure. Therefore, the Board concludes he is entitled to this award and it should be added to his record at this time.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected to show that the individual concerned earned the BSM (1^st OLC); Presidential Unit Citation; and 3 bronze service stars for his European-African-Middle Eastern Campaign Medal denoting his campaign participation; and by providing him a corrected separation document that reflects these changes.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__INW___ ___SK__ __KAH___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright__
                  CHAIRPERSON

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INDEX

CASE ID	2001060592
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2001/11/15
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(Partial Relief)
REVIEW AUTHORITY
ISSUES 1.	307.00
2.
3.
4.
5.
6.