IN THE CASE OF:	 

		BOARD DATE:	  2 June 2009

		DOCKET NUMBER:  AR20090001378 


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 requests, in effect, reconsideration of his request to correct his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) to show his rank as that of sergeant (SGT) instead of private first class (PFC) and that he was awarded the Bronze Star Medal.  

2.  The applicant states, in effect, that his WD AGO Form 53-55 does not reflect his award of the Bronze Star Medal and his rank as SGT.  He was notified by letter, dated 7 September 1950, that he had been awarded the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy on or about 5 January 1945, while assigned as a SGT.  He also states that he believes the officer who busted him from SGT to PFC did so as a mistake only to make himself look good in the eyes of the woman he coveted.  

3.  The applicant also states that his looting of a watch, which was returned, could not compare with the looting carried out by others.  He made a mistake at a young age.  In civilian life those who make mistakes can have their ill deeds expunged after brief periods of time.  He has lived with his mistake for more than 60 years.  Most of his civilian life has been one of service to others.  He has spent more than 32 years conducting capital campaigns for hospitals, youth organizations, educational institutions, and civic organizations enabling them to expand their services for the good of others.   



4.  In support of his request, the applicant provides copies of his Infantry School completion certificate; Expert Infantryman Badge Orders; Bronze Star Medal Orders; WD AGO Form 100 (Separation Qualification Record); an article and pictures pertaining to a concentration camp located in Dachau; a list of his capital campaign clients; and an article pertaining to O'Hara Township, Pennsylvania.  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080007447, dated 21 August 2008.

2.  The applicant'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 remaining in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The available evidence shows the applicant was inducted into the Army of the United States on 4 January 1943 and entered on active duty on 11 January 1943.  On 16 September 1944, the applicant completed the Infantry Course at Fort Benning GA, he was awarded MOS 607, and he was authorized to wear the Expert Infantryman Badge.  He served in the European-African-Middle Eastern (EAME) Theater from 9 December 1944 to 28 February 1946.  

4.  Headquarters, 222nd Infantry, General Orders Number 1, dated 29 January 1945, awarded the applicant the Combat Infantryman Badge.  These orders show his rank as SGT.

5.  All of the facts and circumstances surrounding the applicant's reduction in grade are not available.

6.  The applicant’s WD AGO Form 53-55 shows that he was honorably discharged from active duty on 13 March 1946.  Item 3 (Grade) of the applicant's WD AGO Form 53-55 shows the entry "PFC" and Item 38 (Highest Grade Held) shows the entry "SGT."  

7.  The applicant’s WD AGO Form 53-55, Item 31 (Military Qualification and Date) lists the following awards:  the Expert Infantryman Badge and the Combat 

Infantryman Badge.  Item 32 (Battles and Campaigns) shows he received credit for participating in the Rhineland and Central Europe campaigns of World War II. Item 33 (Decorations and Citations) lists the following awards:  the Army Good Conduct Medal, the American Theater Ribbon, the EAME Campaign Medal, and the World War II Victory Ribbon.  

8.  The applicant's WD AGO Form 53-55 does not show award of the Bronze Star Medal because the applicant was authorized award of the Bronze Star Medal after he was separated.  The Office of the Adjutant General Letter Orders, dated 7 September 1950, awarded the applicant the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy on 5 January 1945.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit, the 222nd Infantry, was awarded the Army of Occupation Medal with Germany Clasp, for the period from 2 May through 14 August 1945 and the Army of Occupation Medal with Austria Clasp for the period from 15 August through 31 October 1945.

10.  Department of the Army Pamphlet 672-1 also shows the applicant's unit participated in the Ardennes-Alsace, Central Europe, and Rhineland campaigns during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms the applicant held the rank of SGT during his period of service; however, he was separated from active duty in the rank of PFC.  Notwithstanding the applicant’s recent request, there is no evidence available and the latest resubmissions provides no new evidence, which shows he was serving in the rank of SGT at the time of separation on 13 March 1946.  The overall merits of the case, including the latest arguments, are insufficient as a basis for a reversal of the Board's previous decision pertaining to correcting his rank.

2.  The applicant’s contention that his WD AGO Form 53-55 should be corrected to show award of the Bronze Star Medal was determined to have merit.  The available evidence confirms he was awarded the Bronze Star Medal for exemplary conduct in ground combat against an armed enemy on 5 January 1945.  Therefore, it would be appropriate to add this award to his WD AGO Form 53-55.

3.  General orders awarded the applicant’s unit the Army of Occupation Medal with Germany Clasp and the Army of Occupation Medal with Austria Clasp.  He is therefore entitled to have these awards added to his WD AGO Form 53-55.

4.  The applicant's WD AGO Form 53-55 shows entitlement to the EAME Campaign Medal; however, the evidence confirms the applicant participated in the Ardennes-Alsace, Central Europe, and Rhineland campaigns.  Therefore, he is entitled to award of three bronze service stars and to have them added to his WD AGO Form 53-55.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 partial amendment of the ABCMR’s decision in Docket Number AR20080007447, dated 21 August 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding to Item 33 of the applicant's WD AGO Form 53-55 the Bronze Star Medal, the Army of Occupation Medal with Germany Clasp, the Army of Occupation Medal with Austria Clasp, and three bronze service stars to be affixed to his already-awarded EAME Campaign Medal; and

	b.  providing him a corrected separation document that shows these awards. 

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 correcting his records to show his rank as that of SGT instead of PFC. 




      _______ _   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)                                         AR20090001378



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ABCMR Record of Proceedings (cont)                                         AR20090001378



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