PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 April 2002
         DOCKET NUMBER: AR2002070782


         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. Paul A. Petty		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. John T. Meixell		Member
Ms. Melinda M. Darby		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 honorable discharge document for World War II show his infantry Military Occupational Specialty (MOS) and that he was restored to his highest grade; and that he be awarded any military awards for which he is authorized but has not received.

3. The applicant states, in effect, that in 1945 during World War II, he was in combat with Company C, 19^th Armored Infantry Battalion, 14^th Armored Division; and that he was administratively reduced from Technician 5^th Grade (Tec 5) to Private First Class (PFC) when he volunteered for combat duty. He provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and his DD Form 256A (Honorable Discharge Certificate).

4. The Board requested the applicant’s military records from the repository in
St. Louis, Missouri, but without success. A fire destroyed approximately
18 million service members’ records at the National Personnel Records Center
in 1973. It is believed that the applicant’s records were lost in that fire. From available alternate records and copies of official military documents provided by the applicant, it is shown that he enlisted in the Army on 5 June 1941. On
28 May 1942, he was shipped overseas to the European Theater of Operations arriving on 16 June 1942. He participated in the Naples-Foggia and the Rome-Arno campaigns. He advanced to the rank of Tec 5, enlisted grade 5, as a general carpenter, MOS 050, in service support.

5. The applicant is one of 2221 African-American Volunteers who volunteered for infantry duty in early 1945 in response to a 26 December 1944 call from Headquarters, European Theater of Operations, for such volunteers to replace infantry losses experienced during the Battle of the Bulge in World War II.
A condition of volunteering for African-American soldiers was administrative reduction to Private (PVT) or Private First Class (PFC). After volunteering, the applicant received combat infantry training in France for six weeks and was then assigned to Company C, 19^th Armored Infantry Battalion, 14^th Armored Division, as a Private First Class (PFC), Rifleman, MOS 745. He fought with this unit in combat and was awarded the Combat Infantryman Badge (CIB) on 27 April 1945 by General Orders Number 13, Headquarters, 19^th Armored Infantry Battalion. He participated in the Rhineland and the Central Europe Campaigns. He was not restored to his pre-volunteer rank of Tec 5, grade 5. He departed Europe on or about July 1945 and arrived back in the United States on 5 August 1945. He was honorably discharged on 14 August 1945, by reason of demobilization, as a PFC in Company C, 19^th Armored Infantry Battalion. In addition to the CIB, he was also awarded the European-African-Middle Eastern Campaign Medal and the American Defense Service Medal.



6. According to Army Regulation 600-8-22, Military Awards, paragraph 3-13, a member of the Armed Forces of the United States who, between 7 December 1941 and 2 September 1945, was awarded the Combat Infantryman Badge (CIB), the Combat Medical Badge, or other certificate for exemplary conduct in ground combat against an armed enemy, is eligible for award of the Bronze Star Medal for meritorious achievement or service.

7. The Good Conduct Medal is awarded to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity according to Army Regulation 600-8-22, Military Awards, Chapter 4, Section I. The qualifying periods of service include: 3 years completed on or after 27 August 1940, and for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946.

8. According to Army Regulation 600-8-22, Military Awards, paragraph 5-12.c, one bronze service star is authorized to be worn on the European-African-Middle Eastern Campaign Medal (EAME) ribbon for each campaign in which a soldier participated.

9. The Army of Occupation of Medal with Germany clasp is authorized by Army Regulation 600-8-22, Military Awards, for soldiers who served 30 consecutive days in Germany (exclusive of Berlin) between 2 May 1945 and 5 May 1955. Service between 2 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 2 May 1945. According to Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), the 19^th Armored Infantry Battalion is authorized the Army of Occupation Medal for Germany from 20 May 1945 to 4 September 1945.

10. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946 according to Army Regulation 600-8-22, Military Awards, paragraph 5-11.

11. During the applicant’s enlistment, the rank of Corporal (Cpl) and Tec 5 were both enlisted grade 5.










CONCLUSIONS:

1. It is an injustice that the applicant was not restored to the highest grade in which he served prior to volunteering for combat duty and prior to his discharge. The highest rank to which he was promoted was Tec 5, enlisted grade 5, as a general carpenter in service support. His combat and final assignments were in Armored Infantry where enlisted grade 5 would carry the rank of Cpl. As a matter of justice, he should be restored to his highest grade, grade 5, in the rank of Cpl.

2. The applicant's Enlisted Record and Report of Separation from World War II should show his MOS as 745, Rifleman, and his grade as Cpl.

3. His Honorable Discharge Certificate, DD Form 256A, for the same period should show “Corporal” and his combat unit of assignment as Company C,
19^th Armored Infantry Battalion, 19^th Armored Division.

4. He is authorized the following additional awards which should be noted on his Enlisted Record and Report of Separation and the medals provided to him: the Bronze Star Medal, the Good Conduct Medal, four bronze service stars for the EAME, the Army of Occupation Medal with Germany clasp, and the World War II Victory Medal.

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 for the individual concerned by:

         a. issuing him a DD Form 214 (Certificate of Release or Discharge from Active Duty) honorable discharge with all pertinent data from his World War II Honorable Enlisted Record and Report of Separation correcting data to show that his grade and rank at discharge were Cpl, his unit of assignment at separation as Company C, 19^th Armored Infantry Battalion,
19^th Armored Division.

         b. issuing him a new Honorable Discharge Certificate, DD Form 256A, dated 14 August 1945, showing his rank as Corporal and his combat unit of assignment as Company C, 19^th Armored Infantry Battalion, 19^th Armored Division; and




         c. showing on his discharge document the following additional awards and providing him with the medals: the Bronze Star Medal, the Good Conduct Medal, the EAME with four bronze service stars, the Army of Occupation Medal with Germany clasp, and the World War II Victory Medal.

BOARD VOTE:

__iw___ __jm____ ___md___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070782
SUFFIX
RECON
DATE BOARDED	20020416
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107 – Decorations and Awards
2.
3.
4.
5.
6.