RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 MAY 2008
	DOCKET NUMBER:  AR20080000391 


	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.  




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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 requests, in effect, the military records of her husband, a former service member (FSM), be corrected to show he was a staff sergeant and that he served in World War II.

2.  The applicant states, in effect, she understands that all new sergeants promoted during her husband's service were promoted to staff sergeant.  She states she wants her husband's headstone to show he was a staff sergeant and that he served in World War II.

3.  The applicant provides a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 6 December 1946, his WD AGO Form 100 (Separation Qualification Record) with a date of separation of 6 December 1946, his separation examination given on 28 October 1946, his DD Form 214 (Report of Separation From Active Duty) with an effective date of 31 October 1952, and his separation examination given on 29 October 1952.  The applicant also provided a copy of two letters written by the FSM, three photographs, and a death certificate for the FSM in support of her application. 

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records are 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 that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.  The primary records available are the FSM's WD AGO Form 53-55 and his 
DD Form 214.

2.  On 14 March 1945, the FSM was inducted and entered into active service.  He was awarded the military occupational specialty (MOS) 383 (fire fighter).  He arrived in the Pacific Theater of Operations (PTO) on 13 October 1945.

3.  On 17 October 1946, the FSM returned to the continental United States and he was released from active duty on 6 December 1946.  He had completed 
1 year, 8 months, and 23 days of active service that was characterized as honorable.

4.  Item 3 (Grade) of the FSM's WD AGO Form 53-55 indicates he was promoted to corporal effective 1 June 1946.
5.  Item 33 (Decorations and Citations) indicates the FSM was authorized the Good Conduct Medal, Asiatic-Pacific Campaign Medal (entered as Asiatic Pacific Theater Ribbon), World War II Victory Medal (entered as Victory Medal), and the Army of Occupation Medal with Japan Clasp.

6.  On 31 October 1949, the FSM enlisted in the Regular Army for a period of 
3 years.  The FSM was awarded the MOS 3766 (radio operator).

7.  On 31 October 1952, the FSM was released from active duty due to the expiration of his term of service.  He had completed 3 years of active service that was characterized as honorable.

8.  Item 3 (Grade-Rate-Rank and Date of Appointment) of the FSM's 
DD Form 214 indicates he was promoted to sergeant (temporary) effective 
8 December 1951.

9.  Signal Corps Center and Fort Monmouth, Fort Monmouth, New Jersey, Special Orders Number 254, dated 28 October 1952, directed the FSM be released from active duty on 31 October 1952 and identifies the FSM as a sergeant (SGT).

10.  The applicant provided three photographs of an Army dress uniform that was worn by enlisted Soldiers during the period of her husband's service.  The grade insignia shown in these photographs is three chevrons and an arc (rocker).

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal.  It is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946 under any of the following conditions: 1) permanent assignment in the Asiatic-Pacific Theater; 2) in a passenger status or on temporary duty for 30 consecutive or 60 nonconsecutive days; or 3) in active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit or independent force showing actual participation in combat.

12.  Department of the Army Circular No. 202, dated 7 July 1948, discontinued the sergeant grade 4 and dropped the term "staff sergeant" to sergeant grade 5.  The grade insignia for sergeant grade 5 was three chevrons and an arc (rocker). During the period from 1948 to 1958 the three chevron sergeant insignia was not utilized.  It was not until 1958 that the grade title "staff sergeant" was returned to the Army grade structure.

13.  The Department of Veterans Affairs (DVA) furnishes upon request, at no charge to the applicant, a Government headstone or marker for the grave of a deceased eligible veteran in any cemetery around the world.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her husband's military records should be corrected to show he served in World War II so she can add World War II service to his headstone.

2.  The entry in Item 33 of the FSM's WD AGO 53-55 showing he was authorized the Asiatic-Pacific Campaign Medal denotes that the FSM served in the Asiatic-Pacific Theater of Operations during World War II.  This entry denotes World
War II service.  Therefore, there is no correction to the FSM's military records required to show World War II service.

3.  The DVA is the responsible agency for Government headstones or markers of a deceased eligible veteran.  The applicant should contact that agency, with a copy of the FSM's WD AGO 53-55, concerning any additions to her husband's headstone or marker.

4.  The applicant contends her husband's DD Form 214 should be corrected to show he was a staff sergeant.  

5.   During the period the FSM was in the regular Army the grade title "staff sergeant" was not utilized.  The available records show the FSM was a sergeant. Therefore, the entry in Item 3 of his DD Form 214 is correct.

6.  During the period the FSM was promoted to sergeant, the appropriate grade insignia for sergeant was three chevrons and an arc (rocker).  Therefore, the grade insignia depicted in the photographs submitted by the applicant correctly reflect a sergeant grade 5 who was separated in 1951.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  __X_____  _X______  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 wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant's husband in his service to our Nation.  The applicant and all Americans should be justifiably proud of her husband's service in arms.  




      _________X_____________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080000391



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508