RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20060002642


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the son of a former service member (FSM), requests, in
effect, that his father's rank be restored to Staff Sergeant and that his
WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable
Discharge, be corrected accordingly to include awards.

2.  The applicant states, in effect, that the error may be a typographical
error since no record of disciplinary action exists, but records show he
was awarded the Bronze Star Medal, the Army Good Conduct Medal (two
awards), and other campaign awards.  The FSM, his father, does not recall
any action either.  Without records, he believes this is in error.

3.  In support of his application, the applicant submitted a copy of his
father's WD AGO Form 53-55; a signed and sworn durable power of attorney; a
letter addressed, "To Whom it May Concern," dated 17 May 2005, written by
his attending physician; and a copy of correspondence addressed to the
FSM's son from the National Personnel Records Center, in reply to a request
for the FSM's service records and authorized awards and decorations, dated
14 January 2005.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  The applicant was notified of the
loss or destruction of the FSM's records in the correspondence addressed to
him from the National Personnel Records Center, in reply to his request for
the FSM's service records and authorized awards and decorations, dated 14
January 2005.  Information herein was obtained from the applicant's
enlisted record and report of separation and from other official Army
sources.

2.  The evidence shows the FSM enlisted in the Regular Army on 11 October
1940 and entered service at Vancouver Barracks, Washington, on the same
date.  The FSM was honorably discharged under the provisions of Army
Regulation (AR) 615-365, for the convenience of the Government, at
demobilization, in the grade of PFC (Private First Class), on 25 September
1945.

3.  Item 30 (Military Occupational Specialty and No.), of the FSM's WD AGO
Form 53-55, shows he held the military occupational specialty (MOS) of
Machinegun NCO (Noncommissioned Officer) while he served on active duty.

4.  Item 31 (Military Qualification and Date), of the FSM's WD AGO Form 53-
55, shows he was awarded the Marksman Marksmanship Qualification Badge,
with Rifle Bar [M-1 Rifle]; and the Combat Infantryman Badge.

5.  Item 32 (Battles and Campaigns), of the FSM's WD AGO Form 53-55, shows
he was given credit for participating in the Aleutian Islands and Western
Pacific campaigns of World War II.

6.  The FSM's WD AGO Form 53-55 shows, in Item 33 (Decorations and
Citations), that he was awarded the Asiatic-Pacific Service Medal
[correctly known as the Asiatic-Pacific Campaign Medal]; the American
Defense Service Medal; and the Good Conduct Medal, with clasp.  No other
awards are shown on the WD AGO Form 53-55.

7.  Item 38 (Highest Grade Held), of the FSM's WD AGO Form 53-55, shows the
highest rank held by the FSM was Staff Sergeant.

8.  A War Department Form 371, Final Payment Roll, shows that the FSM
received $300.00 in mustering out pay (MOP) and other pay entitlements on
25 September 1945, the date of his discharge.  The caption above his name
on the final payment roll shows his rank to be Private First Class.  Other
Soldiers' names are shown on the same final payment roll under the rank
captions, "Sergeant" and "Technician Fourth Grade."

9.  In correspondence addressed to the FSM's son, on 14 January 2005,
from the National Personnel Records Center, he was notified that the FSM
was entitled to the following awards:  The Bronze Star Medal; the Good
Conduct Medal (2nd Award), the American Defense Service Medal; the
Asiatic-Pacific Campaign Medal, with two bronze service stars; the World
War II Victory Medal; the Combat Infantryman Badge; the Honorable Service
Lapel Button WW II; and the Marksman Marksmanship Qualification Badge,
with Rifle Bar.  Those awards that had not previously been listed on the
FSM's WD AGO Form 53-55 were not added to the WD AGO Form 53-55.  Even
though the applicant did not specifically ask for the awards to be added
to his father's WD AGO Form 53-55, it would be appropriate and in the
interest of equity and justice, to do so at this time.

10.  Army Regulation 600-8-22 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.  Therefore, the Bronze Star Medal is to be awarded to
individuals who were authorized either badge for service during World War
II.  The FSM earned the Combat Infantryman Badge.  The Bronze Star Medal
has not been added to his WD AGO Form 53-55 prior to this action.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of
the American Campaign Medal.  This campaign medal is awarded for
qualifying service in the American Theater between 7 December 1941 and 2
March 1946.  Qualifying service for this campaign medal includes permanent
assignment outside the continental United States but within the American
Theater of Operations, duty as a crewmember aboard a vessel sailing ocean
waters for 30 consecutive or 60 nonconsecutive days, or duty outside the
continental United States as a passenger or in a temporary duty status for
30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the World War II Victory Medal.  It is awarded for
service between 7 December 1941 and 31 December 1946, both dates inclusive.

13.  In the letter addressed, "To Whom it May Concern," dated 17 May 2005,
written by his attending physician, the FSM is described by the physician
as incapacitated and not capable of making decision for himself due to a
diagnosis of dementia and confusion; therefore, it is apparent that the FSM
may not remember all actions to which he was subjected while he served on
active duty.

DISCUSSION AND CONCLUSIONS:

1.  On the date the FSM received his mustering out pay and other
entitlements, he signed the final payment roll on the line adjacent to his
name under the caption, "Private First Class."

2.  Although the FSM's service records are not available, because it is
believed they were lost or destroyed in the National Personnel Records
Center fire of 1973, Government regularity is assumed in this case.  In the
absence of
evidence to the contrary, it is believed the Government correctly completed
the FSM's WD AGO Form 53-55, and calculated his pay with the records that
were available on the date he was discharge; therefore, the FSM is not
entitled to a restoration of rank and a correction of his records to show
the rank of Staff Sergeant.  The WD AGO Form 53-55 is clear in showing that
the highest rank held by the FSM was staff sergeant.

3.  By the evidence presented by the applicant in behalf of his father, it
is clear that with a diagnosis of dementia and confusion, his father may
not remember all actions to which he was subjected while he served on
active duty, to include the possible imposition of punishment and a
reduction in rank for a violation of rules and regulations.

4.  Based on the evidence, it is apparent that not all awards to which the
applicant was entitled were entered on his WD AGO Form 53-55; therefore, he
is entitled to a correction of his separation records to add the following
awards identified by the National Personnel Records Center:  the Bronze
Star Medal; two bronze service stars to be affixed to his Asiatic-Pacific
Campaign Medal; and the World War II Victory Medal.

5.  The FSM is also entitled to award of the American Campaign Medal and to
have it added to his WD AGO Form 53-55.  The evidence shows he served an
aggregate period of over one year in the continental United States during
his service on active duty.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___T____  __EM____  ___CD__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  deleting the Asiatic-Pacific Campaign Medal from the FSM's WD AGO
Form 53-55;

      b.  awarding the FSM the Asiatic-Pacific Campaign Medal, with two
bronze service stars;

      c.  adding those awards the National Personnel Records Center
identified, to which the FSM is entitled, that have not been added to his
WD AGO Form 53-55 prior to this Board action:  the Bronze Star Medal, based
on his having been awarded the Combat Infantryman Badge during World War
II, and the World War II Victory Medal; and adding these awards to his WD
AGO Form 53-55; and

      d.  awarding the FSM the American Campaign Medal and adding this
award to his WD AGO Form 53-55.




                                  _____Marla J. N. Troup________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002642                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY/WITH NOTES                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  302  |129.0000                                |
|2.   307                |129.0500                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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