IN THE CASE OF:	  

	BOARD DATE:	  5 June 2008

	DOCKET NUMBER:  AR20080000742 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the widow of the deceased former service member (FSM), requests, in effect, correction of the FSM’s Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show his rank as sergeant and his Prisoner of War Medal.

2.  The applicant states that the FSM’s discharge record does not show him as a sergeant and does not include his Prisoner of War Medal   

3.  The applicant provides copies of the FSM’s WD AGO Form 53-55 and death certificate.

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 FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

2.  On 15 May 1942, the FSM was inducted and entered the Army of the United States.  He completed his initial training and was assigned to the European Theater of Operations on 2 January 1944, for duty as an infantryman with M Company, 339th Infantry Regiment, 85th Infantry Division.

3.  General Orders Number 17, 85th Infantry Division, dated 10 June 1944, commended the FSM along with the rest of his platoon, for their outstanding performance of duty on 11 May 1944.   The platoon advanced under heavy fire, and moved all of its equipment and ammunition across a river and into position on a hill bitterly contested by the enemy.  Due to the intensity of the action the platoon was unable for a time to prepare machine gun positions.  Responding immediately to the orders of his platoon leader, they quickly dug in and assisted in repelling numerous enemy counterattacks.  The success in reaching their position at that time, without casualty, despite heavy enemy fire, and their bold determination to maintain their ground in the face of bitter enemy attacks reflected a high state of courage, Soldierly qualities, and commendable attributes of the American infantryman.  The FSM was subsequently awarded the Bronze Star Medal for his actions on that day.

4.  Prisoner of War Medal Application/Information (DD Form 2510) dated 
16 May 1988, authorized award of  the Prisoner of War Medal to the FSM for being a prisoner of war from 13 May 1944 to 7 May 1945.

5.  On 12 June 1945, the FSM returned to the United States.  He was subsequently discharged on 19 October 1945.  He had completed 3 years, 
5 months, and 4 days of creditable active service.  His rank at the time of his discharge was corporal.

6.  Item 3 (Grade) of the FSM’s WD AGO Form 53-55 shows his rank as corporal.  Item 38 (Highest Grade Held) shows sergeant.

7.  Item 33 (Decorations and Citations) of the FSM’s WD AGO 53-55, lists his awards as the Purple Heart, Good Conduct Medal, and the European-African-Middle Eastern Service Medal with three bronze service stars.  It does not show award of the Prisoner of War Medal or the Bronze Star Medal.

8.  The FSM’s Separation Qualification Record (WD AGO Form 100) shows that he served a period of 11 months as a motor sergeant in the rank of sergeant; 
5 months as a heavy machine gunner in the rank of private first class; and 
2 months as a truck driver in the rank of corporal.  [During that time a Soldier’s rank would change from one duty position to another.]   

9.  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.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War Medal.  The regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

DISCUSSION AND CONCLUSIONS:

1.   The available evidence clearly shows that the highest rank attained by the FSM was sergeant and that he held it satisfactorily for a period of 11 months.   However, his last rank was that of corporal for a period of two months.  The FSM’s WD AGO Form 53-55 correctly shows his rank in Item 3 as corporal at the time of his separation.  Item 38 correctly shows his highest rank satisfactorily held as sergeant.  In that there is no error or injustice, the applicant’s request to change the FSM’s rank at the time of his separation should be denied.  

2.  The available evidence clearly shows that the FSM was a Prisoner of War from 13 May 1944 to 7 May 1945.  Therefore, his records should be corrected to show award of the Prisoner of War Medal.

3.  Records show that the FSM was awarded the Bronze Star Medal for his commendable service on 11 May 1944.  Therefore, his records should be corrected to show this award.

4.  The FSM is authorized additional awards that do not appear on his WD AGO Form 53-55.  His records should be corrected to show award of the American Campaign Medal and the World War II Victory Medal.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that in addition to the awards shown of his WD AGO Form 53-55, his awards include the Bronze Star Medal, Prisoner of War Medal, American Service Medal, and the World War II Victory Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the FSM’s rank from corporal to sergeant at the time of his separation.  




__________ X_    _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080000742



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