IN THE CASE OF:	  

		BOARD DATE:	  2 June 2009

		DOCKET NUMBER:  AR20090003047 


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 reconsideration of the Army Board for Correction of Military Records (ABCMR) decision of 24 April 2001 by correction of his WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) by showing award of the Army Good Conduct Medal, showing he was a grade 4 sergeant (SGT) or technician fourth grade, and showing his date of birth (DOB) as 15 November 1932.

2.  In addition, the applicant requests correction of his WD AGO Form 53 to show award of the World War II Victory Medal and Army of Occupation Medal with Germany Clasp.

3.  The applicant acknowledges receiving a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) as a result of his first appeal to the ABCMR.  However, he takes exception because the DD Form 215 corrects a DD Form 214, not the WD AGO Form 53.  He also states that during his period of service his highest rank was that of grade 4 SGT, but at separation his WD AGO Form 53 reflected corporal (CPL), which was a grade 5.

4.  The applicant also states he served in Germany from July 1946 to October 1946 with the 504th Parachute Infantry Regiment.  This service qualifies him for award of the Army of Occupation Medal.

5.  The applicant provides:

	a.  a copy of his WD AGO Form 53; and

	b.  a copy of a DD Form 215, dated 3 July 2001.

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 AR2000043828, on 24 April 2001.

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, this case is being considered using reconstructed records which primarily consist of his WD AGO Form 53 for the period ending 25 March 1949 and a DD Form 215, dated 3 July 2001.

3.  The applicant's current application combines new requests with requests for reconsideration of previous denials dating from 2001.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision only if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  The unique circumstances of this request/reconsideration, coupled with the applicant’s new argument, warrants Board consideration.

4.  The applicant's WD AGO Form 53 shows he enlisted in the Regular Army for 3 years on 26 March 1946.  He was trained as a heavy weapons assault infantryman and also completed the basic airborne course, earning the Parachutist Badge.  On 27 June 1946, he departed the United States en route to the European theater of operations, arriving in Europe on 3 July 1946.

5.  The war in Europe was already over when the applicant arrived in theater.  He remained in Europe for 120 days.  On 30 October 1946, he departed Europe, arriving back in the United States on 10 November 1946.  Because of a lack of records, it cannot be determined where in Europe he served.

6.  The applicant’s WD AGO Form 53 shows he was honorably discharged on 25 March 1949; however, it cannot be determined where he served or what he did during this service.  His WD AGO Form 53 also shows:

	a.  he was awarded the Parachutist Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar (.30 caliber M-1);

	b.  he was awarded the World War II Victory Medal;

	c.  his grade was CPL and date of rank was 17 November 1947; and

	d.  his date of birth was 15 November 1928.

7.  The WD AGO Form 53 was discontinued and replaced by the DD Form 214 on 1 January 1950.

8.  On 25 January 2000, the applicant requested the ABCMR correct his records to show he was discharged as a SGT vice CPL, to show award of the Army Good Conduct Medal, and to show his correct date of birth of 15 November 1932 vice 15 November 1928.  On 24 April 2001, the ABCMR recommended the applicant’s records be corrected to show award of the Army Good Conduct Medal and his date of birth as 15 November 1932; his rank was not corrected.  On 3 July 2001, a DD Form 215 was prepared correcting his "WD AGO Form 53 [in item number] 10 [to show] 15 November 1932 [and in item number] 33 [by adding the] Army Good Conduct Medal."

9.  A DD Form 215 dated 3 July 2001 shows the applicant's DOB was corrected to read 15 November 1932 and he was awarded the Army Good Conduct Medal. 
The DD Form 215 indicated that the amendments were made to his WD AGO Form 53 for the period ending 25 March 1949.

10.  Training Manual 12-236 (Preparation of Separation Forms), in effect at that time, established the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directed that the highest grade held in the current period of active duty would be entered in item 38 (Highest Grade Held) of the WD AGO Form 53.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern (EAME) Campaign Medal must have been awarded prior to 9 May 1945.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of the EAME Campaign Medal for qualifying service in the EAME theater of operations for the period 7 December 1941 to 8 November 1945.

13.  The applicant argues that in 1947 he was promoted to the rank of SGT/grade 4 and that he wore an insignia of three chevrons.  He makes a distinction between "rate" and "rank" and believes his WD AGO Form 53 should reflect SGT in item 3 (Grade).

14.  The United States Army has gone through several restructurings of enlisted grades.  War Department Circular 303, dated 5 August 1920, established the basic ranks and grades.  War Department Circular 5, dated 8 January 1942, modified the basic structure as follows:

	a.  grade 1 – master sergeant (insignia of three chevrons and three rockers),

	b.  grade 2 – technical sergeant (insignia of three chevrons and two rockers), or

		grade 2 – first sergeant (insignia of three chevrons and two rockers with a French lozenge, or diamond-shaped figure, between the chevrons and rockers), 

	c.  grade 3 – staff sergeant (insignia of three chevrons and one rocker), or

		grade 3 – technician third grade (insignia of three chevrons and one rocker with the letter "T" between the chevrons and rocker),

	d.  grade 4 – sergeant (insignia of three chevrons), or

		grade 4 – technician fourth grade (insignia of three chevrons with the letter "T" below the chevrons),

	e.  grade 5 – corporal (insignia of two chevrons), or

		grade 5 – technician fifth grade (insignia of two chevrons with the letter "T" below the chevrons), 

	f.  grade 6 – private first class (insignia of one chevron), and 

	g.  grade 7 – private (no insignia of rank).

15.  On 7 July 1948, Department of the Army Circular 202 discontinued the sergeant fourth grade, deleted the technician ranks, and the seventh grade was re-labeled "recruit" effective 1 August 1948.  The post-World War II basic ranks and grades were:

	a.  grade 1 – master sergeant (insignia of three chevrons and three rockers),

	b.  grade 2 – sergeant first class (insignia of three chevrons and two rockers),

	c.  grade 3 – sergeant (insignia of three chevrons and one rocker),

	d.  grade 4 – corporal (insignia of two chevrons),

	e.  grade 5 – private first class (insignia of one chevron), and 

	f.  grade 6 – private (insignia of one chevron), and

	g.  grade 7 – recruit (no insignia).

DISCUSSION AND CONCLUSIONS:

1.  The WD AGO Form 53 is an obsolete separation document that is no longer issued by the military; it has been replaced by the DD Form 214.  The only vehicle available to correct separation documents is the DD Form 215.  In the applicant’s case, the DD Form 215 was modified to indicate it was correcting a WD AGO Form 53 in items 10 (Date of Birth) and 33 (Decorations and Citations), the two items affected by the applicant’s request.

2.  The evidence of record shows the applicant was already awarded the World War II Victory Medal; therefore, his current request to have that decoration added to his WD AGO Form 53 is not relevant to these proceedings.  In addition, his DD Form 215, dated 3 July 2001, already corrected his date of birth and added the Army Good Conduct Medal; those requests are also not relevant to these proceedings.

3.  The applicant contends at the time of his separation in 1949 his highest rank held was SGT/grade 4, which he attained on 17 November 1947.  The Board acknowledges he was a grade 4 SGT in November 1947.  However, Department of the Army Circular 202, dated 7 July 1948, revised the enlisted grade structure and, while he remained a grade 4, his rank changed from that of SGT (three chevrons) to CPL (two chevrons).  Therefore, his 1949 WD AGO Form 53 correctly shows he was a CPL/grade 4.

4.  The applicant contends that he served in Germany from July 1946 to October 1946 with the 504th Parachute Infantry Regiment and that he is entitled to the Army of Occupation Medal with Germany Clasp.  However, he was never awarded the European-African-Middle Eastern Campaign Medal prior to 9 May 1945 (because he was not yet on active duty) in order for him to be eligible for the Army of Occupation Medal.  Unfortunately, he is not eligible for award of the Army of Occupation Medal with Germany Clasp.

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 or to amend the decision of the ABCMR set forth in Docket Number AR2000043828, dated 24 April 2001.

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 in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___________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)                                         AR20090003047



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ABCMR Record of Proceedings (cont)                                         AR20090003047



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