PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 October 2001
         DOCKET NUMBER: AR2001062174


         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. Lee Cates		Analyst

The following members, a quorum, were present:

Ms. Shirley L. Powell		Chairperson
Mr. Allen L. Raub		Member
Mr. Thomas E. O'Shaugnessy, Jr.		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 that the records of her late father, a former service member (FSM) be corrected to show that he was awarded the Combat Infantryman Badge (CIB), completion of Ranger School and any other awards to which he was entitled. She requests all decorations be issued. Further, she desires to know how he advanced from private to staff sergeant and that totaling his service on his WD AGO Form 100 (Army Separation Qualification Record) did not account for his total period of service.

3. The applicant states that he was awarded the Expert Infantryman Badge (EIB) presumably instead of the CIB and believes other awards were authorized. She provided copies of his War Department Adjutant General Office (WD AGO) Forms 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) and 100 (Army Separation Qualification Record), his honorable discharge certificate and a school completion certificate. Additionally, she provided a copy of the FSM’s death certificate and a letter showing his records have been burned.

4. Counsel indicates the awards previously authorized and the awards requested on behalf of the FSM and invites the Board’s attention to the injustice raised by the applicant.

5. The FSM’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records. The FSM’s reconstructed military records show that the FSM was inducted into the Army of the United States on 7 October 1941. He completed his required training and was awarded military occupational specialty (MOS) 745 (Rifleman). He was promoted to the rank of staff sergeant (SSgt) on an undetermined date.

6. During the period 7 April 1942 to 25 December 1945 (2 years, 8 months and 19 days), he served overseas in the Asiatic Pacific Theater of Operations.

7. In approximately July or August 1943, his MOS was changed to 610 (Anti-tank Gun Commander).

8. On 9 October 1943, the FSM successfully completed Hawaiian Department Ranger and Combat Training School, which qualified him to be an instructor.

9. On 21 August 1945, he was honorably separated, in the rank of SSgt, under Army Regulation 615-365, based on the expiration of his term of service. His WD AGO Form 53-55 indicates he had 3 years, 10 months and 15 days of creditable service. His decorations and awards at the time were the Asiatic-Pacific Theater Ribbon with 3 bronze service stars (New Guinea - 24 January 1943 to 31 December 1944; Bismarck Archipelago – 15 December 1943 to 27 November 1944); and, Eastern Mandates – 31 January to 16 June 1944), the Good Conduct Ribbon and the EIB.
10. War Department Circular 269-1943 established the CIB and the EIB to recognize and provide an incentive to infantrymen. The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The CIB was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. The Awards Branch, Total Army Personnel Command, has advised in similar cases that, during World War II, the CIB was normally awarded only to enlisted individuals who served in the following positions:

a. Light machine gunner (604)
b. Heavy machine gunner (605)
c. Platoon sergeant (651)
d. Squad leader (653)
e. Rifleman (745)
f. Automatic rifleman (746)
g. Heavy weapons NCO (812)
h. Gun crewman (864)

11. Technical Manual 12-235 (Enlisted Personnel – Discharge Procedures and Preparation of Separation Forms) indicates, in pertinent part, that item 41 of the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows service schools at which the soldier completed satisfactorily. Additionally, this publication indicates that the WD AGO Form 100 is completed based on an interview with the dischargee and reference the Soldier’s Qualification Card.

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal (ACM). This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, 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.

13. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal (WWIIVM). It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

14. In the absence of evidence to the contrary, a presumption of regularity applies that the records of the individual concerned are correct.

CONCLUSIONS:

1. The evidence of record shows the FSM served in combat as an Artilleryman, not as an Infantryman and was appropriately awarded the EIB.

2. The evidence shows the FSM satisfactorily completed the four-week Ranger and Combat Training School on 9 October 1943 and his record should be corrected accordingly.

3. The evidence shows the FSM met the requirements for award of the ACM and the WWIIVM and his records should be corrected accordingly.

4. At this late date, it is not possible to explain why the complete period of active service is not accounted for on the WD AGO Form 100; however, it is noted that the FSM was satisfied with the information and authenticated the separation document on 21 August 1945.

5. With the destruction of the FSM’s records, it is not possible to determine when he was advanced/promoted to all the intermediate ranks. It is noted, however, that he did achieve the rank of SSgt.

6. In view of the foregoing, the FSM’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 by showing the FSM concerned was awarded the WWIIVM and the ACM and that he satisfactorily completed the Ranger and Combat Training School on 9 October 1943.

---

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

BOARD VOTE:

__alr__ __teo___ _slp____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Shirley L. Powell
                  ______________________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001062174
SUFFIX
RECON
DATE BOARDED	20011023
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100
2.
3.
4.
5.
6.