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 FSMs 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 FSMs 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 FSMs 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 FSMs 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 FSMs 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 FSMs 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 Soldiers 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 FSMs 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 applicants request to change the FSMs 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 FSMs 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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080000742
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002082785C070215
The applicant requests, as the widow of the former service member (FSM), that her late husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was wounded in action, that he was a prisoner of war and that he served in the Glider Division. There are no orders for the Combat Infantryman Badge in the available records; however, the FSM'S WD AGO Form 53-55 shows that he served in military occupational specialty (MOS) 745 (rifleman) during World War...
ARMY | BCMR | CY2010 | 20100007578
Army medical records from 1941 show the date he was wounded in action as 14 October 1943 and not 18 September 1943 as shown on his WD AGO Form 53-55. There are no general orders in the available records that show award of the Silver Star. The applicant contends that her father's WD AGO Form 53-55 should be corrected to show the Silver Star, his rank as a S/Sgt, and the date wounded as 14 October 1943.
ARMY | BCMR | CY2009 | 20090009727
The evidence of record shows that the FSM was an infantryman assigned to an infantry unit in the ETO from 29 October 1944 to 12 June 1945. Therefore, the applicant's request to correct the FSM's records to show award of the Purple Heart should be denied. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing in item 36 of the FSM's WD AGO Form 53-55 - date of departure from the ETO as 12 June 1945 and date of...
ARMY | BCMR | CY2011 | 20110015949
The applicant, the son of a former service member (FSM), requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was a Prisoner of War (POW) from 16 December 1944 to 7 April 1945 and was awarded the POW Medal. Based on his entitlement to the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends that all...
ARMY | BCMR | CY2005 | 20050005134C070206
The FSM is therefore entitled to award of the Bronze Star Medal based on the special provisions of the awards regulation that considered award of the Combat Infantryman Badge to be a citation in orders. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by: a. deleting the European-African-Middle Eastern...
ARMY | BCMR | CY2010 | 20100029255
The applicant, the son of a deceased former service member (FSM), requests award of the Prisoner of War (POW) Medal to his late father and its addition to his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). As such, it would appropriate to correct the FSM's WD AGO Form 53-55 to show he was a POW from 4 October 1944 to April 1945 in Germany. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2007 | AR20070005349C071029
The applicant requests in two separate applications, posthumous award of the Purple Heart, the Prisoner of War Medal, the Bronze Star Medal and the Combat Infantryman Badge to her deceased father, a former service member (FSM). The applicant states, in effect that the FSM is entitled to these decorations and his records should be corrected accordingly. However, the FSM is not entitled to award of the Purple Heart, the Combat Infantryman Badge or the Bronze Star Medal.
ARMY | BCMR | CY2013 | 20130021553
The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Service) of his deceased father, a former service member (FSM), be corrected to show his grade as staff sergeant (S/Sgt) vice sergeant (Sgt) and the following awards: * European-African-Middle Eastern Campaign Medal with 3 bronze service stars (instead of 2 stars) * Belgian Fourragere Lanyard * Purple Heart * Prisoner of War (POW) Medal * Expert Marksmanship Qualification Badge with Carbine...
ARMY | BCMR | CY2015 | 20150004301
The FSM's military records are not available to the Board for review. The FSM's WD AGO Form 53-55 shows the following information: a. he was inducted into the Army of the United States on 16 February 1942; b. he served in the European Theater of Operations from 22 June 1943 to 1 May 1945; c. he participated in the following four campaigns: * Sicily * Naples-Foggia * Rome-Arno * Central Germany d. he was awarded the : * Army Good Conduct Medal * Presidential Unit Citation * European African...
ARMY | BCMR | CY2013 | 20130013056
His father was never awarded the Prisoner of War Medal which he requested after his father died. c. If the Board states his father doesn't meet the requirements for the Combat Infantryman Badge and Bronze Star Medal, then the Board is saying his father never served as an infantryman, in combat, against a hostile enemy. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding the FSM the Combat Infantryman Badge during...