PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            31 OCTOBER 2002
      DOCKET NUMBER:   AR2002076180


      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. Kenneth H. Aucock             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Ms. Regan K. Smith                |     |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.
2.  The applicant requests that his military occupational specialty (MOS)
on his WD AGO Form 53-55 (Enlisted Record and Report of Separation –
Honorable Discharge) be corrected and that his rank on that form be
corrected to show that he was a staff sergeant.  He requests that the form
show that he participated in the Tarawa Campaign during World War II, and
that he was wounded in action by shrapnel to his right thigh.  He also
requests that the form be corrected to show that he received all the awards
reflected on a 9 September 1992 DA Form 1577 (Authorization and Issuance of
Awards), issued by the Army Reserve Personnel Center.

3.  The applicant states that he has been singled out to contribute his
performance and achievements in World War II by the “Division of Military
and Naval Affairs (DMNA) and Archives.”  Historians and authors found that
his autobiography and collage interesting and impressive, but hesitate [to
publish?] because of discrepancies on his WD AGO Form 53-55.  He applied
for awards in 1990 and subsequently was issued his medals, badges, and
citations, to include two Presidential Unit Citations, the Combat
Infantryman Badge that he earned as a liaison chief attached to the
infantry, making three kills, and a Purple Heart for his leg wound, all
contained in an affidavit from the first sergeant, an affidavit which was
necessary because supplies and files were destroyed by bombing on Leyte
after he rotated, reconstructed, then destroyed again in the St. Louis
fire.

4.  During the DMNA interview, a retired major informed him that his
specialty as a communication chief called for a rank of staff sergeant.  He
states that he was twice notified of promotion to that rank, and twice
denied because of various circumstances, which he outlines in his request.
Because all his awards are not reflected on his WD AGO Form 53-55, his
collage, and his claim that he received those awards appear fraudulent.  He
requests all his awards be shown on that form.  He is also having an artist
alter his portrait to avoid any doubt by DMNA and future generations that
he earned those awards.  With his application, he submits a document, a
mini copy of an album requested by DMNA, showing some of his experiences
during the war.

5.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from the applicant and reconstructed personnel records.

6.  The applicant’s WD AGO Form 53-55 shows that he enlisted in the Army on
12 August 1940, departed the continental United States on 17 December 1940,
and returned to the United States on 8 January 1945.  He served in the
Asiatic-Pacific Campaign during World War II and had 4 years and 22 days of
overseas service.  That form shows that he was a communication chief in the
rank of
sergeant at the time of his discharge on 23 August 1945.  His organization
is shown as Company A, 767th Tank Battalion.  He served in three campaigns
during the war – Central Pacific, Eastern Mandates, and Southern
Philippines, and was awarded the American Defense Service Medal with star,
the Asiatic-Pacific Service Medal with star and with arrowhead, the
Philippine Liberation Medal with star and with arrowhead, and the Honorable
Service Lapel Button.  Item 34 (Wounds Received in Action) of that form,
contains the word, “NONE,”  Item 41 (Service Schools Attended) also
contains the word, “NONE.”  The applicant signed his WD AGO Form 53-55,
authenticating its accuracy.

7.  On 12 December 1958 the VA notified the applicant that his claim for
disability compensation had been denied.  The VA indicated that there was
no evidence of complaints or findings of a back and leg condition during
his military service at the time of this separation.

8.  In a 22 August 1967 letter to the Military Personnel Records Center at
St. Louis, the applicant provided a chronological listing of his disease
and injuries, beginning in late 1940 to late 1943 while assigned in Hawaii;
continuing to early 1944 when he contacted dysentery in Tarawa; mid-1944,
when he nicked his right thigh (ricochet or shrapnel) and ripped his left
forearm on barbed wire in the Marshall Islands; late 1944 when he developed
boils in the Philippine Islands; and early 1945 when he bruised his left
shin in New Guinea.

9.  In a letter of that same date to the records center he lists his
assignments and achievements, from 1940 to 1943 when he was a radio
operator, tank commander, and communications sergeant in Hawaii; in 1943 as
a member of an observation team attached to the Marines in Tarawa; in 1944
as a liaison chief with the 767th Tank Battalion and the 7th Infantry
Division in the Marshall Islands and the Philippine Islands; in 1944 in New
Guinea; and in 1945 at Fort Knox.

10.  In a 17 September 1991 letter to the National Personnel Records
Center, the applicant furnished a copy of a statement from his former first
sergeant confirming the shrapnel wound to his leg, a gash on his left arm
from barbed wire in an attempt to extricate a lieutenant from the barbed
wire, the two landings which entitled him to two arrowheads, and his duties
as a liaison chief who fought the entire campaign on foot, making several
kills, and who was recommended for the Combat Infantryman Badge.  He stated
that his communication chief MOS was awarded to him at Fort Knox after his
combat service; however, his record shows that he was a tank commander and
liaison chief, and one of those two titles should be shown on his discharge
(WD AGO Form 53-55).  He also stated that he qualified as a marksman with
the pistol and as an expert with the machine gun.

11.  In a 28 May 1968 statement to the VA, the applicant’s former first
sergeant stated that the applicant injured his back while changing a track
on a tank; that in one battle while on detached service he sustained a mass
of boils; that at one time he suffered from dysentery; and that he hit the
turret of a tank, injuring his face.  He stated that while landing with the
first wave as a liaison chief, the applicant received a slight cut on one
leg and scratched his arm while pulling an infantryman from barbed wire.
He stated that in another first wave landing, the applicant was nearly
decapitated by a shell that misfired.  He stated that the applicant was the
only soldier in the tank company who fought on foot, killing several
Japanese soldiers.  He stated that the applicant was recommended for award
of the Combat Infantryman Badge, and also recommended as an OCS candidate,
which he refused.  He was also treated for fungi, called “jungle rot.”

12.  On 9 September 1992, the Army Reserve Personnel Center authorized the
issuance of awards to the applicant.  Those awards authorized, not listed
on his WD AGO Form 53-55, are the Purple Heart, the Army Good Conduct
Medal, the Presidential Unit Citation, the American Defense Service Meal
with foreign service clasp, the American Campaign Medal, the World War II
Victory Medal, the Combat Infantryman Badge, the Philippine Presidential
Unit Citation, the Marksman Marksmanship Qualification Badge with pistol
bar, the Sharpshooter Marksmanship Qualification Badge with rifle bar, and
the Expert Marksmanship Qualification Badge with machine gun bar.

13.  The Unit Citation and Campaign Participation Credit Register, DA
Pamphlet 672-1, shows that the 767TH Tank Battalion was awarded the
Philippine Presidential Unit Citation for its actions during the period the
applicant was assigned to that organization; and that Company A of that
battalion was awarded the Distinguished Unit Citation, now the Presidential
Unit Citation for its actions while the applicant was assigned to that
unit.

14.  The American Campaign Medal is awarded for service within the American
Theater between 7 December 1941 and 2 March 1946.  One of the conditions
for that award is permanent assignment outside the continental United
States.

15.  The American Defense Medal is awarded for service between 8 September
1939 and 7 December 1941 under orders to active duty for a period of 12
months or longer.  A clasp, with the inscription “Foreign Service,“ is worn
on the medal to denote service outside the continental limits of the United
States.  Possession of a clasp is denoted by the wearing of a bronze
service star on the service ribbon.
16.  The Army Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.

17.  Army Regulation 600-8-22 World War II campaigns and the inclusive
dates of those campaigns.  Service stars are authorized for participation
for each campaign listed in that regulation.  Tarawa is not a campaign
listed.

18.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for
a wound sustained as a result of hostile action. Substantiating evidence
must be provided to verify that the wound was the result of hostile action,
the wound must have required treatment, and the medical treatment must have
been made a matter of official record.  When contemplating award of the
Purple Heart, commanders must take into consideration the degree to which
the enemy caused the injury.  The fact that the proposed recipient was
participating in direct or indirect combat operations is a necessary
perquisite, but is not sole justification for award.  Examples of enemy-
related injuries justifying award of the Purple heart are those caused by
enemy bullet, shrapnel, or other projectile created by enemy action; enemy
placed mine or trap; enemy released chemical, biological, or nuclear agent;
vehicle or aircraft accident resulting from enemy fire; concussion injuries
caused as a result of enemy generated explosions.

19.  Army Regulation 600-8-22 provides for award of the CIB.  Paragraph 8-6
provides in pertinent part, the history of the CIB, and states, “The Combat
Infantryman Badge (CIB) was established by the War Department on  27
October 1943.  Lieutenant General Lesley J. McNair, then the Army Ground
Forces commanding general, was instrumental in its creation.  He originally
recommended that it be called the ‘fighter badge.’  The CIB was designed to
enhance morale and the prestige of the ‘Queen of Battle.’  Then Secretary
of War Henry Stinson said, ‘It is high time we recognize in a personal way
the skill and heroism of the American infantry.’  … Several factors led to
the creation of the CIB.  Some of the most prominent factors are as
follows: … (b) Of all soldiers, it was recognized that the infantryman
continuously operated under the worst conditions and performed a mission
which was not assigned to any other solder or unit. (c) The infantry, a
small portion of the total Armed Forces, was suffering the most casualties
while receiving the least public recognition. (d) General Marshall’s well
known affinity for the ground soldier and, in particular, the infantryman.
All these factors led to the establishment of the CIB, an award which would
provide special recognition of the unique role of the Army infantryman, the
only soldier whose daily mission is to close with and destroy the
enemy and to seize and hold terrain. …  In developing the CIB, the War
Department did not dismiss out of hand or ignore the contributions of other
branches.  Their vital contributions to the overall war effort were
certainly noted, it was decided that other awards and decorations were
sufficient to recognize their contributions.”

20.  There are basically three requirements for award of the CIB.  The
soldier must be an infantryman satisfactorily performing infantry duties,
must be assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must actively participate in such
ground combat.  Campaign or battle credit alone is not sufficient for award
of the CIB.

CONCLUSIONS:

1.  The statements from the applicant and from his former first sergeant
show that the applicant received a slight cut on his leg and scratched his
arm on barbed wire.  The applicant states that he was wounded on his leg by
shrapnel or a ricochet, but other than his statement, has provided no
evidence that he was in fact wounded, or that he was treated for his wound.
 The applicant’s former first sergeant also stated that the applicant was
nearly decapitated by a shell that misfired.  He provided no details; and
again, there is no evidence that the applicant was wounded.  There is
insufficient evidence to grant the applicant’s request to correct his WD
AGO Form 53-55 to show that he was wounded in action, and to award the
applicant the Purple Heart; notwithstanding the authorization by the Army
Reserve Personnel Center on 9 September 1992 to issue the Purple Heart to
the applicant.

2.  There is likewise no evidence to show that the applicant was an
infantryman, serving in an infantry unit.  The applicant may well have
fought as an infantryman at times, as most assuredly did other soldiers
during the war.  Nonetheless, his duties and specialty were not those of an
infantryman who continuously operated as such.  Quite the contrary, the
applicant’s own statement of his assignments indicate that he served with
an observation team, a liaison chief, and a communications sergeant.
Again, despite the authorization by the Army Reserve Personnel Center to
issue the applicant the Combat Infantryman Badge, there is insufficient
evidence to grant him that award.

3.  Tarawa, part of the Gilbert Islands, is located in the Central Pacific.
 There is no campaign listed as “Tarawa” in the Army regulation.  Tarawa
was one of the battles in the Central Pacific and was encompassed in the
Central Pacific campaign.  Therefore, the applicant’s WD AGO Form 53-55
cannot be corrected to show that he participated in a Tarawa campaign.

4.  The applicant has not provided any evidence to show that his specialty
was other than that of a communication chief.  The Board recognizes that he
may well have performed other duties outside his specialty; however, other
than his statements, e.g., that he was a tank commander and liaison chief,
there is nothing to show that his specialty on his WD AGO Form 53-55 should
be changed.  The applicant himself has stated that he was a communication
chief at Fort Knox prior to his discharge in 1945.  There is insufficient
evidence to grant his request.

5.  The applicant himself states that he was twice recommended for
promotion, but circumstances prevented his promotion to staff sergeant.
The fact that a retired major indicated that  “communication chief” called
for a staff sergeant rank, does not equate to a promotion to that rank.
There is insufficient evidence to grant his request to correct his rank to
staff sergeant on his WD AGO         Form 53-55.

6.  Because the applicant’s records were destroyed in the 1973 fire at St.
Louis, there is no information concerning any service schools that he
attended.  There is no evidence to grant his request to correct his WD AGO
Form 53-55 to show that he completed any service schools.  By the same
token, there is no evidence in his record, and the applicant has not
submitted any, to show his qualifications with the pistol, rifle, and
machine gun.  His request to correct his record to show those badges on his
WD AGO Form 53-55 cannot be honored, in spite of the authorization to issue
those badges by the Army Reserve Personnel Center.

7.  The applicant served his country honorably and faithfully.  He is
entitled to award of the Army Good Conduct Medal for the period 12 August
1940 through 11 August 1943.

8.  The applicant is entitled to award of the World War II Victory Medal,
the American Campaign Medal, the American Defense Service Medal with
foreign service clasp, the Asiatic-Pacific Campaign Medal with three bronze
service stars (one for each campaign) and one arrowhead, the Presidential
Unit Citation, and the Philippine Presidential Unit Citation.

9.  In view of the foregoing, the applicant’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 that the individual concerned was awarded the Army
Good Conduct Medal for the period 12 August 1940 through 11 August 1943;
and that
he was awarded the World War II Victory Medal, the American Campaign Medal,
the American Defense Service Medal with foreign service clasp, the Asiatic-
Pacific Campaign Medal with three bronze service stars and one arrowhead,
the Presidential Unit Citation, and the Philippine Presidential Unit
Citation.

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

BOARD VOTE:

__CLG __  __RKS__  __DPH __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




            ___Curtis L. Greenway______
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2002076180                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20021031                                |
|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.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |