Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003084109C070212
Original file (2003084109C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: 3 June 2003
         DOCKET NUMBER: AR2003084109


         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. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Ms. Jennifer L. Prater Member
Mr. Paul M. Smith 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, in effect, that his separation document
(WD AGO Form 53-55 ) be corrected to show his rank as corporal (CPL).

3. The applicant states, in effect, that he was promoted to CPL prior to his discharge. In support of his application, he provides a copy of the promotion document that authorized his promotion to CPL on 21 September 1945.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were lost in that fire. However, there were sufficient documents in the reconstructed record to allow the Board to conduct a fair and impartial review of the case.

5. The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army of the United States and entered active duty on 9 February 1944 and that he continuously served on active duty until being honorably separated on
16 November 1945. It also shows that he served in the European Theater of Operations (ETO), with Company K, 358th Infantry Regiment performing duties in military occupational specialty (MOS) 745 (Rifleman), from 6 August 1944 until
9 June 1945. It also confirms that he participated in the Normandy and Rhineland campaigns and that he earned the following awards: Combat Infantryman Badge; European-African-Middle Eastern Campaign Ribbon with
2 bronze service stars; Good Conduct Medal; and World War II Victory Ribbon.

6. A Report of Physical Examination (WD AGO Form 63) on file that documents the physical examination the applicant took on 4 September 1945, confirms that he was a Prisoner of War (POW) for five months. A Headquarters, Eighth Service Command Letter, dated 21 September 1945, Subject: Promotion to Recovered Personnel, indicates that a statement or report of interview of recovered personnel submitted on the applicant was reviewed, and as a result the applicant’s promotion to CPL was approved under the provisions of paragraph 18, POW Second Edition, dated 17 August 1945.

7. A Department of the Army (DA) Form 1577 (Authorization for Issuance of Awards), dated 21 September 1988, confirms the applicant was issued a POW Medal based on his having been held a POW from 24 November 1944 to 8 May 1945.

8. A letter published by The Adjutant General’s Office (TAGO), dated 17 August 1945, Subject: Procedure for processing, return, and reassignment of recovered personnel (Short Title: POW), contained the Army’s special promotion policy and provided the authority for promoting returning POWs.


9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 3-13 of the awards regulation outlines the criteria for the award of the Bronze Star Medal (BSM). Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947. This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his separation document should be corrected to show his rank as CPL, based on his promotion prior to his separation, and it finds this claim has merit.

2. The available evidence confirms that the applicant was held as a POW from
24 November 1944 to 8 May 1945. It also establishes that he was subsequently promoted to CPL on 21 September 1945, under the provisions of the Army’s special POW promotion policy contained in TAGO Letter, dated 17 August 1945, Subject: Procedure for processing, return, and reassignment of recovered personnel (Short Title: POW). Thus, the Board finds it would be appropriate to correct the rank listed in his separation document to CPL, and to add the POW Medal to the list of authorized awards contained in his WD AGO Form 53-55.

3. During the review of this case, the Board also determined that the applicant was entitled to the Bronze Star Medal, for his exemplary conduct in ground combat against an armed enemy during World War II based on his having been awarded the CIB. Thus, the Board concludes that it would be appropriate to award him the BSM and it to his record at this time.

4. 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 by showing the applicant held the rank of corporal on the date of his separation from active duty; by awarding him the Bronze Star Medal, for exemplary conduct in ground combat against an armed enemy during World War II, from 6 August 1944 through 9 June 1945; by showing he earned the Prisoner of War Medal; and by providing him a corrected separation document that reflects these changes.

BOARD VOTE:

__JHL _JLP_ __PMS GRANT AS STATED IN RECOMMENDATION

________ ______ _____ GRANT FORMAL HEARING

________ ________ ___ DENY APPLICATION




                  Joann H. Langston
                  CHAIRPERSON





INDEX

CASE ID AR2003084109
SUFFIX
RECON
DATE BOARDED 2003/06/03
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1945/11/16
DISCHARGE AUTHORITY AR 615-365
DISCHARGE REASON Demobilization
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2. 46 107.0000
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003089360C070403

    Original file (2003089360C070403.rtf) Auto-classification: Approved

    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. The available evidence shows that the applicant was inducted into the Army of the United States on 31 May 1944 and served until honorably discharged on 9 October 1945, a total of 1 year, 4 months, and 10 days. The Board determined that the evidence presented was sufficient to warrant a recommendation for...

  • ARMY | BCMR | CY2004 | 2004103091C070208

    Original file (2004103091C070208.doc) Auto-classification: Denied

    Letters from TAGO representatives dated 12 July 1946, 17 December 1946 and 6 September 1950 and a first endorsement, dated 14 September 1950, all indicate the applicant’s records confirmed he was promotion to PFC on 1 April 1944, CPL on 23 August 1945 and that there was no record found to show he was ever promoted to SGT while serving on active duty. The evidence of record confirms the applicant was promoted to CPL on 23 August 1945 under a special POW promotion policy and that he held...

  • ARMY | BCMR | CY2004 | 20040003184C070208

    Original file (20040003184C070208.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.

  • ARMY | BCMR | CY2012 | 20120000965

    Original file (20120000965.txt) Auto-classification: Approved

    The applicant requests the Prisoner of War (POW) Medal be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation). The evidence confirms the applicant’s POW status and award of the POW Medal in 1988. ABCMR Record of Proceedings (cont) AR20120000965 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120000965 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1

  • ARMY | BCMR | CY2012 | 20120003453

    Original file (20120003453.txt) Auto-classification: Approved

    The applicant requests his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show his Prisoner of War (POW) status and to show his rank as corporal (CPL). The POW promotion policy established in the POW WD letter stated, in pertinent part, that an interview would be conducted with all recovered personnel to secure information for consideration by the appropriate appointing authority in determining their qualifications for an immediate one grade advancement. As a...

  • ARMY | BCMR | CY2006 | 20060011396C071029

    Original file (20060011396C071029.doc) Auto-classification: Approved

    The applicant requests, in effect, that he be awarded the Prisoner of War (POW) Medal. The applicant’s military records are not available to the Board for review. Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55 shows that he received the Combat Medical Badge (CMB) and Item 33 (Decorations and Citations) shows that during his active duty tenure, he earned the American Campaign Medal, World War II Victory Medal, EAME Campaign Medal and Army Good Conduct Medal.

  • ARMY | BCMR | CY2007 | 20070012331C080407

    Original file (20070012331C080407.doc) Auto-classification: Approved

    Rea M. Nuppenau | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review. The evidence confirms the applicant was a POW from November 1944 through April 1945, and that he was issued a POW Medal in 1988.

  • ARMY | BCMR | CY2002 | 2002067479C070402

    Original file (2002067479C070402.rtf) Auto-classification: Approved

    The applicant’s military records were not available to the Board for review. The Board finds the available evidence is sufficiently convincing to support the applicant’s that he served in Company M, 101 st Infantry Regiment, for the majority of his combat service in the ETO during World War II and that the unit currently listed in his separation document was a transitional unit to which he was assigned for separation movement and processing. That all of the Department of the Army records...

  • ARMY | BCMR | CY2002 | 2002076532C070215

    Original file (2002076532C070215.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his military records be corrected to show he was awarded the Purple Heart (PH) and to reflect the time he was in a Prisoner of War (POW) status, for which he received the (POW) Medal. The available medical files contain no other information in regard to the applicant being treated for any wounds received in action during his active duty tenure during World War II. That all of the Department of the Army records related to this case, particularly the...

  • ARMY | BCMR | CY2009 | 20090013940

    Original file (20090013940.txt) Auto-classification: Approved

    The applicant requests correction of his record to show award of the Combat Infantryman Badge (CIB) and, in effect, award of the Prisoner of War (POW) Medal. Therefore, his records should be corrected to show award of the POW Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart with one oak leaf cluster, the CIB, the BSM based on the CIB, and the POW Medal; b. adding to item...