PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 August 2003
         DOCKET NUMBER: AR2003087906


         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. Fred N. Eichorn		Chairperson
Ms. Margaret V. Thompson		Member
Mr. John T. Meixell		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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his rank as staff sergeant instead of private first class.

3. The applicant states that he was a squad leader during World War II. He contends that, following a successful combat operation, his Commanding Officer told him he was a first sergeant and that he had earned it. He contends that all he wants is his rank to show staff sergeant.

4. The applicant’s military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the WD AGO Form 53-55 and two Morning Reports.

5. The applicant's reconstructed records show the applicant was inducted on
29 April 1944. He served as a rifleman assigned to Company E, 142nd Infantry Regiment of the 36th Infantry Division in the European Theater of Operations from 26 October 1944 through 21 May 1945. On 28 February 1946, the applicant was honorably discharged by reason of physical disability.

6. Item 3 (Grade) on the applicant's WD AGO Form 53-55 shows the entry, "Pfc" [private first class]. Item 38 (Highest Grade Held) on his WD AGO Form 53-55 shows the entry, "Pfc."

7. The available records contain a Morning Report which shows the applicant was promoted to private first class on 10 February 1945.

8. There is no evidence in the available records which shows the applicant was promoted to staff sergeant prior to his separation on 28 February 1946.

9. The applicant's WD AGO Form 53-55 shows the Distinguished Service Cross, the Purple Heart with First Oak Leaf Cluster, the American Campaign Medal, the World War II Victory Medal and the European-African-Middle Eastern Campaign Medal as authorized awards.

10. The applicant received the Combat Infantryman Badge during World War II.

11. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

12. The applicant's WD AGO Form 53-55 shows he participated in two battles/campaigns during World War II.

13. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II. This document shows the applicant's unit received the Distinguished Unit Citation for actions during the period 19-22 March 1945 based on War Department General Orders 37, dated 1946.

14. Department of the Army Pamphlet 672-1 shows the applicant's unit received occupation credit for Germany for the period from 2 May to 31 October 1945.

15. Army Regulation 600-8-22 (Military Awards) 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.

16. Army Regulation 600-8-22 (Military Awards) provides that the 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. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.

17. Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

18. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

CONCLUSIONS:

1. Evidence of record shows the applicant was promoted to private first class on 10 February 1945. His WD AGO Form 53-55 shows private first class in items
3 and 38. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was promoted prior to his discharge on 28 February 1946. Therefore, there is no basis for amending the applicant’s WD AGO Form 53-55 to show staff sergeant.

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

3. The Board concludes that the applicant met the criteria eligibility for the first award of the Good Conduct Medal for the period 29 April 1944 through
28 February 1946 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.

4. The applicant’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during World War II which are not correctly shown by award of two bronze service stars for wear on his European-African-Middle Eastern Campaign Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the European-African-Middle Eastern Campaign Medal with two bronze service stars and correction of his WD AGO Form 53-55 to show these awards.

5. The applicant's unit received the Distinguished Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show this unit citation.

6. The applicant's unit received occupation credit for Germany. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

7. 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 the applicant be awarded the Army Good Conduct Medal for the period 29 April 1944 through 28 February 1946.

2. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Good Conduct Medal, the European-African-Middle Eastern Campaign with two bronze service stars, the Distinguished Unit Citation and the Army of Occupation Medal with Germany Clasp.

3. That so much of the application as pertains to correction of his WD AGO Form 53-55 to show his rank as staff sergeant be denied.

BOARD VOTE:

FNE____ MVT____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Fred N. Eichorn______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087906
SUFFIX
RECON
DATE BOARDED	20030819
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	131.0000
2.	107.0000
3.
4.
5.
6.