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ARMY | BCMR | CY2002 | 2002082557C070215
Original file (2002082557C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 April 2003
         DOCKET NUMBER: AR2002082557


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Thomas B. Redfern Member
Mr. Thomas E. O'Shaughnessy 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 item 25 (Place of Entry into Service) and item
30 (Military Occupational Specialty and No.) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be changed. He also requests, in effect, award of the Prisoner of War (POW) Medal and a "disability pension."

3. The applicant's request for a "disability pension" was addressed in separate correspondence to the applicant. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

4. The applicant states that he was inducted into the service at Fort Hayes in Columbus, Ohio, not at Mitchell Field, New York. He contends that he never served one day as a "Physical Ed Instructor." He also contends that he was taken a POW during the Battle of the Bulge and was a POW for 123 days. In support of his application, he submits an undated letter of explanation; a copy of his WD AGO Form 53-55; and a Department of Veterans Affairs letter, dated
21 May 2001.

5. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. The applicant's WD AGO Form 53-55, which was authenticated in his own hand, shows the applicant enlisted on
1 September 1942. He served in the European Theater of Operations from approximately October 1944 to May 1945 and was honorably discharged on
1 December 1945 under the provisions of Army Regulation 615-365, for the convenience of the Government.

6. Item 25 (Place of Entry into Service) on the applicant's WD AGO Form 53-55 shows the entry, "Mitchell Field NY."

7. Item 30 (Military Occupational Specialty and No.) on his WD AGO Form 53-55 shows the entry, "Physical Ed Instructor."

8. The applicant's WD AGO Form 53-55 does not show the POW Medal as an authorized award.

9. There is no evidence in the available records which shows the applicant enlisted at Fort Hayes in Columbus, Ohio.

10. The applicant's WD AGO Form 53-55 shows his MOS as physical education instructor. However, the available records show that the applicant was assigned to the infantry branch, that he received the Combat Infantryman Badge and the Expert Infantryman Badge during World War II, and that he was awarded the Purple Heart for wounds sustained as a result of hostile action.

11. The Adjutant General’s Roster of Prisoners of War shows that the applicant was a POW from 21 December 1944 to 13 April 1945 in Germany.
12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the 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.

13. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was 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. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

CONCLUSIONS:

1. The Board considered the applicant's contention that he was inducted into the service at Fort Hayes in Columbus, Ohio, not at Mitchell Field, New York. However, the applicant has provided no evidence to support this contention.

2. It appears that the applicant's enlistment record was destroyed or lost during the National Personnel Records Center fire in 1973. Therefore, in the absence of his enlistment record or any evidence to show the applicant enlisted at Fort Hayes in Columbus, Ohio, there is no basis for granting the applicant's request to change item 25 (Place of Entry into Service) on his WD AGO Form 53-55.

3. The applicant's WD AGO Form 53-55 shows his MOS was physical education instructor at the time of his separation on 1 December 1945. However, the preponderance of evidence shows the applicant served as an infantryman during World War II. The available records show that the applicant was assigned to the Infantry branch, that he received the Combat Infantryman Badge and Expert Infantryman Badge during World War II, that he received the Purple Heart for wounds sustained as a result of hostile action and that he was a POW. Based on the foregoing, the Board determined that item 30 (Military Occupational Specialty and No.) on the applicant's WD AGO Form 53-55 should be amended to show that he was an infantryman instead of a physical education instructor.
4. The applicant was a POW from 21 December 1944 through 13 April 1945. Therefore, the applicant is entitled to the POW Medal and correction of his military records to show this medal.

5. The applicant received the Combat Infantryman Badge during World War II. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show the Bronze Star Medal based on award of the Combat Infantryman Badge.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by deleting the entry, "Physical Ed Instructor 283" in item 30 (Military Occupational Specialty and No.) on the WD AGO Form 53-55 of the individual concerned;

         b. by adding the entry, "Rifleman 745" in item 30 on his WD AGO Form 53-55; and

         c. by adding the entries, "Prisoner of War Medal" and "Bronze Star Medal based on award of the Combat Infantryman Badge" in item 33 (Decorations and Citations on his WD AGO Form 53-55.

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

BOARD VOTE:

AAO____ TBR____ TEO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian______
                  CHAIRPERSON




INDEX

CASE ID AR2002082557
SUFFIX
RECON
DATE BOARDED 20030401
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100.0500
2. 107.0029
3. 108.0000
4.
5.
6.


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