PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 May 2002
         DOCKET NUMBER: AR2002066721


         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:

Mr. Melvin H. Meyer		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Donald P. Hupman, 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.

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2. The applicant requests, in effect, that her husband’s, a deceased former service member (FSM), military records be corrected to show the rank of sergeant (SGT).

3. The applicant states, in effect, that the highest rank the FSM held during his active duty tenure was SGT. She states that the error in the FSM’s rank was discovered when arrangements were being made for his burial in Arlington Cemetery. In support of the application, she submits the following documents;
certificate of death: separation document (WD AGO Form 53-55); three
V-Mail letters; and an extract of a newspaper article.

4. The FSM’s military records were lost or destroyed in a fire at the National Personnel Records Center in 1973. The information herein was gleaned from a copy of his WD AGO Form 53-55 and the other documents submitted with the application.

5. The FSM’s WD AGO Form 53-55 confirms that he was inducted into the Army of the United States on 14 February 1942, and that he continuously served on active duty for 3 years, 7 months, and 12 days until being honorably separated on 25 September 1945. Item 3 (Grade) of this document contains the entry private first class (PFC), indicating that he held the rank of PFC on the date of his separation. Item 38 (Highest Grade Held) contains the entry corporal (CPL), which indicates that the highest rank he attained, held, and served in while on active duty was CPL. Item 56 (Signature of Person Being Separated) contains the FSM’s signature, which verifies that he authenticated the separation document and the information contained therein on the date of his separation.

6. The separation document also confirms that the FSM served in the European Theater of Operations (ETO), from 22 February 1944 to 10 September 1945, and that he participated in the Normandy, Northern France, Rhineland, and Central Europe campaigns of World War II. Item 31 (Military Qualifications) verifies that he was awarded the Combat Infantryman Badge (CIB) and Item 33 (Decorations and Citations) shows that he earned the following awards during his active duty tenure: Distinguished Unit Badge; European-African-Middle Eastern Service Medal; Good Conduct Medal; Purple Heart; and Silver Star.

7. During the processing of this case, a member of the Board staff conducted a search of the unit historical records maintained at the National Archives for the FSM’s unit, Headquarters Company, 2^nd Battalion, 120^th Infantry Regiment. This search failed to provide any documentation showing that the FSM was ever promoted to or held the rank of SGT during his assignment tenure.

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8. An Authorization for Issuance of Awards (DA Form 1577), dated 13 July 1984, issued by the Reserve Component Personnel Administration Center (RCPAC), St. Louis, Missouri, authorized the issue of the Bronze Star Medal (BSM) to the FSM based on his having been awarded the CIB during World War II.

9. The applicant provided four V-Mail letters prepared by the FSM between
22 May and 28 July 1944, in which he entered the rank SGT in his return address, and a newspaper extract of an article that indicates that the applicant lost his SGT stripes in a disagreement with an officer.

10. Army Technical Manual 12-235 prescribed the policy and procedure for preparing separation certificates and documents for enlisted personnel discharged, relieved from active duty, or transferred to a Reserve component. Section VI, paragraph 24, stated that the grade held at the time of separation would be entered on the separation certificate and associated documents. In addition, the regulation provided for entering the highest grade attained, held, and served in on active duty in Item 38 (Highest Grade Held) of the
WD AGO 53-55.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 3-13 contains guidance on awarding the BSM. It states, in pertinent part, that the BSM is authorized for individuals who were cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945, or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. It stipulates that the CIB is considered to be a citation in orders for this purpose. This means, in effect, that the BSM is to be awarded to individuals who were awarded the
CIB during the period indicated.

12. Paragraph 5-11 contains guidance on awarding the World War II Victory Medal and it states, in pertinent part, that it is awarded to members who served between 7 December 1941 and 31 December 1946. Paragraph 5-12 contains guidance on awarding the European-African-Middle Eastern Campaign Medal and it states, in pertinent part, that a bronze service star is authorized for each campaign a member participated in while serving in the ETO.

CONCLUSIONS:

1. The Board notes the applicant’s contention that the highest grade the FSM held on active duty was SGT and it carefully considered the documents submitted by the applicant to support her claim. However, the Board finds there is insufficient evidence to support the requested relief.

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2. The Board does not question the veracity of the applicant’s contention that the FSM served in the rank of SGT during World War II, and it wishes to point out that perhaps the FSM served as a SGT in some acting capacity in his unit, but may never have been officially promoted to that rank. The Board also wishes to pass on its appreciation to the applicant for her husband’s outstanding combat service during World War II.

3. However, the available evidence does include a properly constituted
WD AGO Form 53-55, which was authenticated by the FSM with his signature on the date of his release from active duty. This document confirms that the FSM held the rank of PFC on the date of his separation, and that the highest rank he attained, held, and served in while on active duty was CPL.

4. Lacking official evidence to show that the FSM was ever actually promoted to the rank of SGT during his active duty tenure, the Board must presume government regularity in the preparation of the separation document and the information contained therein. Therefore, it is compelled to deny the requested relief, in the interest of fairness to all those who served during World War II, and who face similar circumstances.

5. During the processing of this case, the Board did find that the FSM was awarded the BSM based on having earned the CIB during World War II. Further, that he was entitled to 4 bronze service stars for his European-African-Middle Eastern Service Medal, based on his participation in four campaigns in the ETO and to the World War II Victory Medal based on his World War II service, but these awards were never added to his separation document. Therefore, the Board concludes it would be appropriate to add these awards to his records at this time.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the FSM earned the BSM, European-African-Middle Eastern Service Medal with 4 bronze service stars, and World War II Victory Medal; and by providing the applicant 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:

__MHM__ __KAN__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Melvin H. Meyer____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002066721
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/05/14
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.	129.0500
2.
3.
4.
5.
6.