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Decision Text

ARMY | BCMR | CY2002 | 2002068642C070402
Original file (2002068642C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 19 NOVEMBER 2002
         DOCKET NUMBER: AR2002068642


         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. Gale J. Thomas Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Sherri V. Ward Member
Mr. Melvin H. Meyer 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 his records be corrected to reflect award of the Combat Infantryman Badge, Bronze Star Medal, and Prisoner of War (POW) Medal. He would also like any other awards he may be entitled to as a result of his military service. The applicant states that he performed duties as an infantryman and that enemy forces captured him in the spring of 1943 and held him in captivity for 26 months. The applicant notes that he is nearly 83 years old and would like the Board to act quickly on his request.

3. Records available to the Board indicate the applicant served on active duty between October 1941 and August 1945. Original documents contained in his military personnel file confirms he was captured by enemy forces on 17 February 1943 and returned to military control on 13 April 1945. He was discharged as a result of demobilization on 14 August 1945 in the rank of private.

4. Subsequent to the applicant's separation, in 1946, he was retroactively awarded the Combat Infantryman Badge and promoted to the rank of private first class. His promotion was effective on 6 August 1945. However, the applicant's separation document was never corrected to reflect his promotion or his award of the Combat Infantryman Badge.

5. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge or the Combat Medical Badge for service during World War II. Awards of the Bronze Star Medal based on an award of the Combat Infantryman Badge or the Combat Medal Badge are commonly referred to as conversion awards.

6. Army Regulation 600-8-22 also provides, in pertinent part, for award of the Prisoner of War (POW) Medal. The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who, in past armed conflicts, were taken prisoner or held captive. The regulation also provides for award of the World War II Victory Medal (WWII Victory Medal) to individuals who served in the military between 7 December 1941 and
31 December 1946, both dates inclusive.

CONCLUSIONS:

1. The evidence confirms that the applicant was retroactively awarded the Combat Infantryman Badge after his separation from active duty.

2. The evidence also confirms that the applicant was a prisoner of war for nearly 26 months during World War II. As such, he is entitled to the POW Medal.

3. The applicant is entitled to a Bronze Star Medal as a conversion award based on his Combat Infantryman Badge. He is also entitled to the World War II Victory Medal. Those decorations should be added to his records.

4. Although the applicant did not request that his records be corrected to reflect that he was promoted to rank of Private First Class, the Board concludes that under the circumstance it would be appropriate and in the interest of equity and justice to correct his separation document to show that he was a private first class at the time of his separation, as a result of a retroactive promotion.

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:

a. by showing that the individual concerned was awarded the Combat Infantryman Badge;

b. by showing that he is entitled to the World War II Victory Medal and a Bronze Star Medal as a conversion award;

c. by awarding him the POW Medal; and

d. by showing that he was separated in the rank of private first class.

BOARD VOTE:

__JNS __ __SVW__ __MHM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone______
                  CHAIRPERSON




INDEX

CASE ID AR2002068642
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021119
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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