IN THE CASE OF:  	  

		BOARD DATE:  7 January 2015	  

		DOCKET NUMBER:  AR20140010095 


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 his earlier request for correction of his records to show his promotion to Technician Fourth Class (T/4).

2.  As a new issue, he requests correction of his WD AGO Form 53-55 (Enlisted Records and Report of Separation-Honorable Service) to show two awards of the Bronze Star Medal. 

3.  The applicant states there were numerous misinterpretations on the part of the Board in the original Record of Proceedings.  It is possible his explanations were not properly worded.  He is now providing an explanation in full: 

	a.  As for the frozen feet issue, he possibly overstated the diagnosis, as he merely contracted frostbite, which many of the Soldiers did from the constant standing and walking on cold muddy surfaces and not being able to take off their boots at night, but in time this problem healed itself later on.  

	b.  As to the shrapnel incident, he was in a bunker alongside with another one of his teammates, when gunfire came at them.  His buddy and teammate was killed reading a letter from his wife (from Oklahoma).  He wrote her a letter later on about how brave her husband was and to accept his condolences.  From that incident some piece also hit inside his right leg and fortunately only grazed his skin.  This slight abrasion did not require any further medical attention, although it left him with a scar that is a reminder of days in the past.  He and his superior officer found it not necessary to elaborate on this issue.  In either case, his leg injury nor his feet problems did not call for or deserve the Purple Heart, and he believed he never requested to be awarded the Purple Heart in his application.

	c.  As for the commemorative medals, he had previously been informed these were not Government issue, although they are available by private purchase.  

	d.  His primary reason to request a correction initially dealt with a promotion in the field which never occurred or reached him while active in France or Germany. This was a problem out of his control; however, he knows his superior noncommissioned officer told him at the time in France that he was putting his name in for a promotion to T/4, which he said he had earned.

	e.  Also, he said the Table of Organization (TO) showed the rank of T/4 was available at the time.  He was moving around a lot at that time, as previously written earlier (Bamberg, Czechoslovakia, Nuremberg, etc.).  After victory day, instead of preparing himself for the upcoming separation and discharge, he volunteered to stay on in Germany and serve additional time at the Nuremberg Trials as an Interpreter/Interrogator prior to returning home and obtaining his honorable discharge.

	f.  When he finally received his mustering out money, he questioned the issue again about the promotion to T/4, and he was advised the issue would be resolved later on and forwarded to him.  Since he concerned himself then with finding employment and earning a livelihood, he had forgotten about the promotion, but now his young adopted son who became active in the Marines has asked him questions lots of times about medals, awards, and rank.  He hopes the Board can see this case in a different light, now that he has explained things in detail about the misrepresentations on his part, and the Board will reconsider the request for a correction relative to the field promotion that he feels is the truth.

	g.  He previously forgot to mention that his two Bronze Star Medal awards have never been included in his WD AGO Form 53-55 and/or DD Form 214 (Certificate of Release or Discharge from Active Duty).  He thinks the first one had to do when their team of five Military Intelligence members was stranded for a number of days in enemy territory.  Tthey did not realize then, on a mission to check out enemy installations at the Moselle River, as to the possibility of their troops crossing the river there.  One of their guys was killed there.  They had no food and were able to kill some chickens that were stranded there.  It was very dangerous.  He thinks the second award came after completing a dangerous mission into Prague, Czechoslovakia working with Russian allies in order to arrest a Nazi SS officer who was in hiding there.  Their mission was accomplished there.  He has photos herewith for the Board to consider.
4.  The applicant does not provide any new evidence related to the rank.  He provides photographs related to the Bronze Star Medal.  

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 AR20130012417, on 20 March 2014. 

2.  The applicant provides a new argument which was not previously considered by the Board.  Therefore, it is considered new evidence and warrants consideration by the Board. 

3.  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 his records were lost or destroyed in that fire.  However, the documents the applicant provided were sufficient to conduct a fair and impartial review of this case.  

4.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 7 April 1943 and he entered active duty at Fort Custer, MI, on 14 April 1943.  At the time of his separation, he held a German interrogator military occupational specialty. 

5.  His WD AGO Form 53-55 also shows he departed the continental United States (CONUS) on 11 August 1944 and arrived in Scotland (European Theater of Operations (ETO)) on 23 August 1944.  He departed the ETO on 24 February 1946 and arrived back in CONUS on 5 March 1946. 

6.  He completed 1 year, 4 months, and 3 days of continental service and 1 year, 6 months, and 25 days of foreign service.  He was honorably separated on 11 March 1946 by reason of demobilization.  His WD AGO Form 53-55 shows in:

* item 3 (Grade) - "PFC"
* item 31 (Military Qualifications and Date) - Combat Infantryman Badge
* item 32 (Battles and Campaigns) - Northern France, Ardennes, and Rhineland campaigns
* item 33 (Decorations and Citations) - the American Theater Ribbon, European-African-Middle Eastern Theater Service Medal with 3 bronze service stars, Good Conduct Medal, and World War II Victory Medal
* item 34 (Wounds Received in Action) - None
* item 38 (Highest Grade Held) - "PFC" 
7.  His WD AGO Form 372B (Final Payment Worksheet) shows at the time of his separation on 11 March 1946 he held the rank and was paid at the rank of PFC. 

8.  On 29 October 1999, he was issued a DD Form 215 (Correction to DD Form 214) that added awards of the Bronze Star Medal and the Army of Occupation Medal with Germany Clasp.  The award of the Bronze Star Medal was based on his award of the Combat Infantryman Badge.

9.  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 the current period of active duty.  

10.  Army Regulation 615-5 (Appointment and Reduction of NCOs and PFCs), in effect at the time, governed the appointment and reduction of noncommissioned officers and Privates First Class.  It stated that noncommissioned officers appointed during an emergency under special authorization of the War Department would be temporary appointments.  In order to provide an opportunity to observe the performance of candidates for higher grades, unit commanders were authorized to exceed their authorized allotments in any grade by the number of vacancies that existed in a higher grade pending the promotion of the best-qualified candidate(s).  Depending on the type of unit, the company, battalion or regimental commander was the appointment authority.

11.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, were cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  However, a citation in orders for the Combat Infantryman Badge or Combat 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.

12.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.
13.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the grade: 

	a.  The evidence of record shows the applicant served in an active duty status from 7 April 1943 through 11 March 1946.  The policy in effect at the time provided for entering the rank a member held on the date of separation in Item 3 and the highest rank a member held in Item 38 of the WD AGO Form 53-55.

	b.  His WD AGO Form 53-55 shows he held the rank of PFC at the time of separation and the highest rank he held while on active duty was PFC.  The grade of PFC is the grade he held at the time of separation.  It is possible the applicant may have been promised a promotion by his NCO during said period.  However, in the absence of official orders or other documentary evidence confirming appointment or promotion to a higher grade there is insufficient evidence to correct item 3 of his WD AGO Form 53-55 to show the rank he held on 11 March 1946 was anything other than PFC. 

	c.  His final pay voucher also confirms his rank at the time of separation was that of PFC.  In the absence of evidence to the contrary, it appears his rank was properly entered in his separation documents in accordance with the regulatory policy in effect at the time.  

2.  With respect to the two awards of the Bronze Star Medal: 

	a.  There is no evidence in the applicant's records and he does not provide substantiating evidence to confirm he was recommended for or awarded the Bronze Star Medal during his service in World War II.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
	b.  However, based on his award of the Combat Infantryman Badge, the applicant was awarded the Bronze Star Medal in 1999 and his WD AGO Form 53-55 was amended via a DD Form 215 that shows this award.  He was provided with a copy of the DD Form 215 by separate correspondence.

3.  While the available evidence is insufficient for awarding the applicant two additional awards of the Bronze Star Medal for the actions he describes, this in no way affects his right to pursue his claim for the awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  With regard to the grade, 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 AR20130012417, dated 20 March 2014. 

2.  With regard to the new issue of two awards of the Bronze Star Medal, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  _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)                                         AR20140010095





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ABCMR Record of Proceedings (cont)                                         AR20140010095



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