PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            4 March 1999                 
	DOCKET NUMBER:   AR1998013551

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Raymond J. Wagner		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to authorize subsistence allowance of $5.00 per day for the period he served in Prisoner of War (POW) status.  Also, he requests award of the Expert Infantryman Badge, the Expert Hand Grenade Badge, and credit for all battles in North Africa-Sicily-Italy.  Further, he indicates he was discharged in the rank of corporal and requests his records show the rank of sergeant.  He indicates that it is his understanding all POW’s were advanced in rank.

3.  The applicant states that other POW’s were compensated at the rate of $1.00 to $5.00 a day for the same time period.  He feel that all POW’s should be compensated equally.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

5.  The applicant was inducted into the Army of 25 September 1941.  He served in the European Theater of Operations from 11 June 1942 to 24 May 1945.  He was trained in and awarded military occupational specialty 71607 (Heavy Mortar Crewman).

6.  On 15 September 1943, his status changed to POW.  At the time, he was serving in the rank of private first class.  On 8 May 1945, he was repatriated.

7.  There is no evidence in the available records to show award of the Expert Infantryman Badge or expert qualification with the hand grenade.

8.  Records show he was promoted to the rank of corporal at an unspecified date between 8 May and 30 August 1945, after repatriation.

9.  The Board notes the applicant is entitled of award of the Good Conduct Medal, the Prisoner of War Medal, the World War II Victory Medal, 5 overseas service bars, 4 Arrowhead Devices and 3 bronze service stars to be worn on the European-African-Middle Eastern Service Medal.  The Commander, Army Reserve Personnel Center notified the applicant of his entitlement to award of the POW Medal on 14 December 1988.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures for awards, and paragraph 8-8 provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a soldier must be in an active Army status and must have an infantry or special forces specialty. 

12.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U. S. Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  Each Overseas Service Bar represents 6 months in a hostile fire zone.

13.  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.

14.  Army Regulation 600-8-22 (Military Awards) indicates, in pertinent part, that service stars are worn on campaign and service ribbons to denote an additional award.  Service stars are authorized for wear on the European-African-Middle Eastern Campaign Medal.  The bronze service star represents participation in a campaign for which the campaign or service medal was authorized.

15.  Army Regulation 600-8-22 (Military Awards) indicates the arrowhead device denotes participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The device is worn on the Asiatic-Pacific Campaign Ribbon, the European-African-Middle Eastern Campaign Ribbon, the Korean Service Medal, the Vietnam Service Medal and the Armed Forces Expeditionary Medal.  Only one arrowhead will be worn on any ribbon.

16.  The Defense Financial and Accounting Service has advised in similar cases that a Comptroller General Decision precludes payment of indebtedness after 
6 years.

CONCLUSIONS:

1.  The evidence of record shows the applicant is entitled to award of the Good conduct Medal for the period 25 September 1941 to 24 September 1944.  

2.  Evidence shows his entitlement to award of the POW Medal.

3.  Evidence shows his entitlement to award of 5 overseas service bars for the period 11 June 1942 to 24 May 1945.

4.  Evidence shows his entitlement to award of the World War II Victory Medal.

5.  Evidence shows the applicant’s entitlement to credit for participation in the Algeria-French Morocco (8 to 11 Nov 42), Naples-Foggia (Ground) (9 Sep 43 to 21 Jan 44), and Tunisia (Ground) (17 Nov 42 to 13 May 43) campaigns.

6.  Evidence shows the applicant’s entitlement to credit for participation in four assault landings the Oran and Youks Les Bains (8 to 15 Nov 42), War Department General Order 70-45, Salerno A/B (14 Sep 43), Department of the Army General Order 37-50, Salerno Amphibious (9 to 10 Sep 43), Department of the Army General Order 37-50 and Avellion (9 to 10 Sep 43), War Department General Order 116-46.  

7.  There is no evidence to show his entitlement to award of a subsistence allowance.  There are neither personal records nor financial records available to support this claim.  Additionally, a Comptroller General Decision precludes payment after 6 years.

8.  There is no evidence showing the applicant was promoted to the rank of sergeant.

9.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing award of the Good Conduct Medal for the period             25 September 1941 to 24 September 1944, the World War II Victory Medal, the POW Medal, 5 Overseas Service Bars, 3 bronze service stars and 4 arrowhead devices.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

CWB ____  EB _____  RJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Curtis W. Barbee______
		CHAIRPERSON

INDEX

CASE ID	AR1998013551	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990304	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19450830	
DISCHARGE AUTHORITY	AR 615-365.  .  .  .  .  	
DISCHARGE REASON	COG & Demob	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.131	Sergeant	
2.107	Awards	
3.		
4.		
5.		
6.