BOARD DATE:	  	6 April 2010

		DOCKET NUMBER:  AR20100007578 


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, through her Member of Congress, correction of her father's (a former service member (FSM)) WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the date he was wounded in action as 14 October 1943 instead of 18 September 1943.  She also requests reconsiderations of her father's earlier requests for correction of his WD AGO Form 53-55 to show his rank as a T/Sgt (Technical Sergeant) instead of S/Sgt (Staff Sergeant) and award of the Silver Star.  

2.  The applicant states her father enlisted in the Army on 13 February 1941 and served as a platoon sergeant with the 2nd Battalion, 30th Infantry, under General Patton's 3rd Infantry Division.  He repeatedly led a heavy weapons unit into extremely hostile zones with massive casualties and death to both sides.  He has a record of valorous service in legendary World War II (WWII) battles.  She adds:

	a.  He was awarded the Silver Star on 18 August 1943 for gallantry in action against the enemy in Sicily.  His platoon commander ordered the citation and the actual medal to be delivered in a later ceremony.  However, her father was wounded and the platoon commander was killed in action.  Her father was unable to return to his unit and the medal was never delivered to him.  Nevertheless, his Silver Star is clearly verified in a book titled: History of the Third Infantry Division in World War II, edited by D----- T------ and located at the Library of Congress.


	b.  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.  Additionally, his records clearly indicate he held the rank of platoon sergeant with a military occupational specialty (MOS) of 610 (Gun Sergeant).  He was promoted to platoon sergeant while he was in Africa training units for the invasion of Sicily.  Platoon sergeants of 40-man units were ranked as T/Sgt.  When he was wounded in Italy, he was replaced by another S/Sgt in the platoon. His replacement was promoted to T/Sgt to fill her father's position.  

	c.  When he was discharged, the FSM was suffering from battle fatigue and was unable to focus on the detailed entries on his separation document.  Even though he recognized the errors years later, his post traumatic stress caused him not to engage in seeking a record correction due to flashbacks. 

3.  The applicant provides a copy of his previously submitted WD AGO Form   53-55, dated 3 June 1945; a copy of a previously-submitted extract of a book named History of Third Infantry Division In World War II; a copy of a printout of an unknown origin of the FSM's awards and decorations; a copy of a medical form, dated 15 August 1944; and a copy of a doctor's statement, dated 4 March 2010.

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 AR20080012370, dated 2 October 2008, and Docket Number AR20080016171, dated 12 February 2009.

2.  The applicant submitted a copy of a medical form and a copy of a doctor's statement which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such and as an exception to policy warrant consideration by the Board.

3.  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.  This case is being considered using reconstructed records that primarily consist of the applicant’s separation document.

4.  His WD AGO Form 53-55 shows that he was inducted into the Army of the United States and entered active duty on 13 February 1941.  This form further shows that at the time of his separation, the FSM held MOS 610 and was assigned to Headquarters Company, 2nd Battalion, 30th Infantry.

5.  His WD AGO Form 53-55 shows he departed the United States on 24 October 1942 and arrived in the European Theater of Operations (ETO) on 8 November 1942.  He departed the ETO on 30 March 1945 and arrived back in the United States on 9 April 1945.  He completed 1 year, 10 months, and 5 days of continental service and 2 years, 5 months, and 16 days of foreign service. 

6.  His WD AGO Form 53-55 shows he was honorably separated on 3 June 1945.  Item 3 (Grade) shows he held the rank of S/Sgt on the date of his separation and Item 38 (Highest Grade Held) confirms that S/Sgt was the highest rank he held while serving on active duty.  

7.  Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge on 14 July 1944 and the Expert Marksmanship Qualification Badge with Machinegun Bar in 1941. 

8.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Rome-Arno, Algeria-French Morocco, Tunisia, Sicily, and Naples-Foggia campaigns during WWII.

9.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows five overseas service bars, American Defense Service Ribbon, Good Conduct Medal, Purple Heart, Distinguished Unit Badge, the European-African-Middle Eastern Campaign Medal with a silver battle star and "Bronze Star."  [Since he participated in five campaigns during WWII, he received a silver service star with the European-African-Middle Eastern Campaign Medal.  This means the entry "Bronze Star" indicates award of the Bronze Star Medal rather than a bronze service star to indicate participation in 6 campaigns during WWII].

10.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows he was wounded in action in Italy on 18 September 1943. 

11.  There are no general orders in the available records that show award of the Silver Star.  

12.  The applicant submitted the following documents:

	a.  An extract from a book titled “History of Third Infantry Division In World War II,” edited by D----- T------.  This book was originally published in 1947 by the Infantry Journal Press.  It details the 3rd Infantry Division’s overseas campaigns during WWII and provides a by-name listing of the division’s Soldiers who were awarded the Distinguished Service Cross, the Distinguished Service Medal, and the Silver Star during WWII.  The applicant’s name is listed as having received the Silver Star while assigned to Headquarters Company, 2nd Battalion, 30th Infantry, in Sicily on 18 August 1943.

	b.  A self-authored printout, of an unknown origin, listing the FSM's previous awards as the Silver Star, Bronze Star Medal (1st Oak Leaf Cluster), Distinguished Unit Citation, European-African-Middle Eastern Campaign Medal with a silver service star and Arrowhead, Combat Infantryman Badge, Purple Heart, Good Conduct Medal, World War II Victory Medal, and 5 overseas service bars.

	c.  A copy of a medical form, dated 15 August 1944, listing his rank as a S/Sgt and that he received a perforating wound to his right ankle during action in Volturno, Italy, on 14 October 1945.  He was taken to the 24th General Hospital where he was treated for a compound fracture of the right ankle.  He was finally discharged in March 1944 and was placed on a 90-day temporary limited [duty].

	d.  A doctor statement, dated 4 March 2010, wherein a medical doctor states that his case mandates an expedited review due to his health issues.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  The grade structure during the FSM’s tenure on active duty was as follows:  

   Grade 1 	Master Sergeant and First Sergeant
		Grade 2 	Technical Sergeant 
		Grade 3  	Staff Sergeant and Technician 3rd Class
		Grade 4 	Sergeant and Technician 4th Class
		Grade 5	Corporal & Technician 5th Class
		Grade 6 	Private First Class
		Grade 7	Private

15.  War Department Technical Manual 12-236 (Preparation of Separation Forms) provides that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  This manual states that item 3 shows the grade held by the enlisted member at the time of separation and item 38 shows the highest grade held by the enlisted member during current period of active duty.  

16.  A review of his records indicates his entitlement to additional awards which are not shown on his records.

17.  Army Regulation 600-8-22 provides for the following awards:

	a.  The Bronze Star Medal is awarded to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.

	b.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  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.    

2.  The evidence of record shows the FSM received a perforating wound to his right ankle during action in Volturno, Italy, on 14 October 1945.  It appears that the date of his injury was erroneously listed as 18 September 1943.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the date wounded as 14 October 1943.

3.  The evidence of record shows the FSM was awarded the Combat Infantryman Badge.  He is therefore entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his records to show this award.

4.  The evidence of record shows that the FSM served a qualifying period for award of the World War II Victory Medal and is entitled to correction of his records to show this award.


5.  With respect to his rank, the FSM's properly constituted separation document confirms he held the rank of S/Sgt on the date of his separation and that this was the highest rank he attained while serving on active duty.  There is no available evidence to show he was recommended for promotion to T/Sgt or that he was selected for or promoted to this rank by a proper promotion authority.  

6.  Furthermore, notwithstanding the entry in item 30 of his WD AGO Form 53-55 that shows he was serving as a platoon sergeant, not a single document in his reconstructed record shows the rank of T/Sgt.  Additionally, it was not unusual during WWII for Soldiers to serve in higher ranking positions due to casualties during a battle or battles.  However, a Soldier required promotion orders in order to hold the higher grade in which he was performing duties.

7.  With respect to the Silver Star, the ABCMR acknowledges and applauds the FSM’s service during WWII under extremely hazardous conditions; he is truly an American hero.  However, aside from the lack of details of the specific acts he performed, it is extremely difficult to make the necessary distinctions as to whether a particular act constitutes "conspicuous gallantry and intrepidity," "extraordinary heroism," or "gallantry in action."  

8.  It is not known whether the FSM's platoon commander recommended he be awarded a Silver Star and the recommendation was disapproved in favor of a Bronze Star Medal.  Conversely, it is not known whether he was originally recommended for a Bronze Star Medal for Valor, but upgraded to a Silver Star by the approving authority.

9.  The decision of whether to award an individual a decoration and which decoration to award is a judgment call made by the commander having award approval authority.  Almost 60 years have passed since the events of 1943 and the ABCMR is not privy to the decision process used that time.  That is why the regulation requires for all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders.  Since no orders are available there is insufficient evidence in which to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x_____  __x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to the new issue, the Board determined that the evidence presented was sufficient to warrant a recommendation for full relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 34 of his WD AGO Form 53-55 the entry "Wounded in Action in Italy 18 Sept 43" and adding the entry "Wounded in Action in Italy 14 Oct 43"; 

	b.  deleting from item 33 of his WD AGO Form 53-55 the entry "Bronze Star"; and 

	c.  adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal (1st Oak Leaf Cluster) and the World War II Victory Medal.

2.  In regard to the reconsidered issues, 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 to amend the decision of the ABCMR set forth in Docket Number AR20080012370, dated 2 October 2008, and Docket Number AR20080016171, dated 12 February 2009.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM 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)                                         AR20100007578



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proc