Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001063753C070421
Original file (2001063753C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 June 2002
         DOCKET NUMBER: AR2001063753


         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
Ms. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Ms. Regan K. Smith 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 Report of Separation, WD AGO Form 53-55, of her deceased husband a former service member (FSM), be corrected to show his grade as Staff Sergeant.

3. The applicant states, in effect, that the FSM’s Separation Qualification Record, WD AGO Form 100, shows he held the grade of Staff Sergeant.

4. The FSM’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

5. The FSM was inducted into the Army on 29 September 1943 and entered active service on 18 October 1943. His WD AGO Form 100 shows he served 4 months as a Private during infantry basic training, 12 months as a Private First Class light truck driver, and 6 months as a of Staff Sergeant scout. It also shows he was authorized to wear the Combat Infantryman Badge, one Bronze Star Medal, and four combat stars (bronze service stars). His WD AGO Form 53-55 shows that he served in the Asiatic Pacific Theater of Operations from 15 June 1944 until 1 June 1945, when he was apparently medically evacuated.

6. The FSM’s Certificate of Disability for Discharge, WD AGO Form 40, shows his rank as Private First Class. The Final Payment Roll, WD Form 371, of the Detachment of Patients, Birmingham General Hospital shows he had been transferred as a Private First Class.

7. The FSM was discharged on 24 September 1945. His WD AGO Form 53-55, item 3 shows his grade as Private First Class, item 31 indicates “not available” for his military qualifications, item 33 lists the Asiatic-Pacific Theater Medal as his only decoration, and item 38 lists his highest grade held as Private First Class.

8. Army Regulation 615-5, in effect at the time, governed the appointment and reduction of noncommissioned officers and Privates First Class. It provided that enlisted soldiers who were eligible for promotion would be recommended in writing, approved by the appropriate authority, and orders issued confirming the promotion. It also provided that noncommissioned officers appointed during an emergency under special authorization of the War Department would be temporary appointments. In order to provide an opportunity to observe the performance of candidates for higher grades, unit commanders were authorized to exceed their authorized allotments in any grade by the number of vacancies that existed in a higher grade pending the promotion of the best-qualified candidate(s).

9. The Bronze Star Medal was established by Executive Order 9419, 4 February 1944. Army Regulation 600-8-22 provides for the award of the BSM 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 BSM 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.

10. Army Regulation 600-8-22 provides for award of the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.

CONCLUSIONS:

1. The evidence of record shows that the FSM was last paid as a Private First Class. However, his WD AGO Form 100 shows he did hold the rank of Staff Sergeant. It appears he may have been temporarily appointed to Staff Sergeant under existing regulations. While it would not be appropriate to change item 3 of his WD AGO Form 53-55 to show his rank as Staff Sergeant, it appears that it would be proper to change item 38 to reflect his highest grade held as Staff Sergeant. This should not be considered a derogatory entry but only a reflection of the most likely fact that the FSM did not serve long enough to obtain a permanent promotion to that rank.

2. The FSM’s WD AGO Form 100 shows that he was awarded the Combat Infantryman Badge, a Bronze Star Medal, and four bronze service stars (indicating he received credit for four campaigns even though the four campaigns in which he participated cannot be determined). He is also authorized the World War II Victory Medal.

3. Based upon the FSM’s award of the Combat Infantryman Badge, he is authorized a second Bronze Star Medal.

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

RECOMMENDATION:

1. That the FSM’s WD AGO Form 53-55:

a. item 31 be amended to add the Combat Infantryman Badge;

b. item 33 be amended to add two awards of the Bronze Star Medal, the World War II Victory Medal, and to show he is authorized to wear four bronze service stars with the Asiatic-Pacific Theater Medal; and
c. item 38 to show his highest grade held as Staff Sergeant.

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

BOARD VOTE:

JLP AAO RKS GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater
                  CHAIRPERSON




INDEX

CASE ID AR2001063753
SUFFIX
RECON
DATE BOARDED 2002/06/04
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1. 100.00
2.
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY2006 | 20060002642C070205

    Original file (20060002642C070205.doc) Auto-classification: Denied

    The applicant, the son of a former service member (FSM), requests, in effect, that his father's rank be restored to Staff Sergeant and that his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge, be corrected accordingly to include awards. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the...

  • ARMY | BCMR | CY2006 | 20060015366

    Original file (20060015366.txt) Auto-classification: Approved

    The applicant's military records are not available for review. Therefore, his records should be corrected to show that he was awarded the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal; and b. showing, that in addition to the awards shown on his WD AGO Form 53-55, that his awards include the Combat Infantryman Badge, and two bronze service stars to be...

  • ARMY | BCMR | CY2008 | 20080008918

    Original file (20080008918.txt) Auto-classification: Approved

    Item 6 (Organization), of the FSM’s WD AGO Form 53-55, shows he was assigned to Service Company, 322d Infantry Regiment. The Combat Infantryman Badge and the Army of Occupation Medal, with Japan Clasp, are not shown on the FSM’s WD AGO Form 53-55. Because there is insufficient evidence to show the FSM was awarded the MOS of a Rifleman, that he participated in active ground combat while he held the MOS [assuming that the MOS was awarded] and, that he was paid combat infantry pay, he is not...

  • ARMY | BCMR | CY2001 | 2001065580C070421

    Original file (2001065580C070421.rtf) Auto-classification: Approved

    The applicant requests, on behalf of his late father, the former service member (FSM), that he be awarded a bronze star to his Philippine Liberation Medal, for the battle of Leyte, an arrowhead device to his Asiatic-Pacific Campaign Medal, for the assault landing at Angaur and the Combat Infantryman Badge because of his face-to-face combat with the enemy during World War II. Finally, he believes that the FSM is entitled to the Combat Infantryman Badge because he fought in combat as a member...

  • ARMY | BCMR | CY2014 | 20140006459

    Original file (20140006459.txt) Auto-classification: Approved

    He is providing letters from the National Personnel Records Center (NPRC) that confirms he qualified for the Bronze Star Medal, Combat Infantryman Badge, Asiatic-Pacific Campaign Medal, World War II Victory Medal, Honorable Service Lapel Button-WWII, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. His WD AGO Form 100 confirms he served in combat against an enemy force while a member of the rifle squad, 382nd Infantry Regiment. As a result, the Board recommends that...

  • ARMY | BCMR | CY2007 | 20070012288

    Original file (20070012288.TXT) Auto-classification: Approved

    Evidence of record shows that the FSM was an infantryman assigned to an infantry unit during World War II and that he was twice wounded in action. Therefore, there is sufficient evidence that he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the FSM the Combat Infantryman Badge and the Bronze Star Medal based...

  • ARMY | BCMR | CY2014 | 20140017686

    Original file (20140017686.txt) Auto-classification: Approved

    The applicant, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Army of Occupation Medal with Germany Clasp. Therefore, the FSM is entitled to award of the Bronze Star Medal based upon his receipt of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to reflect this award. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2011 | 20110018731

    Original file (20110018731.txt) Auto-classification: Approved

    The applicant's complete military record is not available for the Board to review. The WD AGO Form 53-55 shows the FSM was credited with participating in two campaigns while serving in the PTO. As a result, he is eligible for 2 bronze service stars to be worn with his APCM and these awards should be added to his WD AGO Form 53-55.

  • ARMY | BCMR | CY2008 | 20080002818

    Original file (20080002818.txt) Auto-classification: Approved

    The FSM's reconstructed military records show he enlisted in the Army National Guard on 15 July 1940 for 3 years. The evidence shows that when the FSM enlisted, the entry for Arm or Service was recorded as Field Artillery. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the awards of the Navy Presidential Unit Citation, Asiatic Pacific Ribbon with two campaign stars, World War II Victory Medal, and WWII...

  • ARMY | DRB | CY2005 | 20050006584

    Original file (20050006584.doc) Auto-classification: Approved

    Rowland C. Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that he was in combat in the Philippines in 1945 but, his discharge says nothing about the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Victory Ribbon and the APT Ribbon, with one bronze service star, from the...