PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               10 December 1998
	DOCKET NUMBER:      AC98-10626

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Stanley Kelley		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 correction of his records to show his grade as staff sergeant and to show award of the Bronze Star Medal.

3.  The applicant states that on his discharge he is shown as a “sergeant” not a staff sergeant.  He states that his grade on 3 July 1947 should have been staff sergeant and that his highest grade held should have been staff sergeant.  The applicant also states that he does not understand the delay in awarding the Bronze Star Medal on 12 January 1948 for service in September 1944.  In support of his application, he submits a letter of clarification, a copy of a 24 December 1947 letter awarding the applicant the Bronze Star Medal, and copies of his discharges.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 24 January 1944. He served in the European Theater of Operations from 3 August 1944 to 7 December 1944 and was honorably discharged on 10 January 1946.  He reenlisted on 1 February 1946 and served until his honorable discharge on 10 January 1949.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), with a separation date of 31 January 1946 shows the applicant’s grade as “SGT” [sergeant] in item 3 (Grade) and shows his grade as “Sgt” in item 38 (Highest Grade Held).  This discharge document does not show the Bronze Star Medal as an authorized award

6.  The applicant’s WD AGO Form 53-55, with a separation date of 10 January 1949, shows the entry “Sgt” with the date “3Jul47” [the effective date of the applicant’s advancement to Grade 3] in item 3.  Item 38 shows the highest grade held as “Sgt”.  This discharge also does not show the Bronze Star Medal as an authorized award. 

7.  The applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge by War Department Letter, dated 24 December 1947.  This letter is addresses the applicant as “Staff Sergeant”.  The applicant’s Final Payment Worksheet, dated 10 January 1949, shows the entry “III Sgt” [Grade III Sergeant] in the item labeled “GRADE”. 

8.  A review of the enlisted rank/pay grade structure of the Army between l July l920 and 3l July l948, shows that the three lowest pay grades (grade 7 through grade 5) essentially consisted of a private (grade 7); private first class (grade 6); and corporal/technician five (grade 5); grade 4 personnel carried the rank title of sergeant/technician four; grade 3 personnel carried the rank title of staff sergeant or technician three.  On l August l948, the rank structure of the Army was changed.  The rank title for the five lowest pay grades now included:  recruit (grade 7); private (grade 6); private first class (grade 5); corporal (grade 4); and sergeant (grade 3).  At the time of the conversion to the new rank structure on l August l948, no provisions were made for personnel to retain their old rank titles.  Thus a staff sergeant became a sergeant, a sergeant became a corporal, a corporal became a private first class, and so forth. 

8.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

CONCLUSIONS:

1.  There is no evidence of record which shows the applicant had attained Grade 3 (Staff Sergeant or Technician 3d Grade) prior to his separation on 31 January 1946.  Therefore, his grade and highest grade held (shown as sergeant) are correct as constituted on his WD AGO 53-55 with a separation date of 31 January 1946.

2.  Item 3 of the applicant’s WD AGO Form 53-55 shows his grade as sergeant and the date “3Jul47” which is the effective date of the applicant’s advancement to Grade 3.  Therefore, the applicant was entitled to be addressed as “Staff Sergeant” as his rank title from 3 July 1947 through 30 September 1948.

3.  Effective 1 August 1948 when the grade structure of the Army was converted, Grade 3 equaled the rank title of sergeant.  As a result, the applicant held the rank of sergeant (Grade 3) at the time of his separation on 10 January 1949; therefore, his grade and highest rank held are correct as shown on his WD AGO 53-55 with a separation date of 10 January 1949.

4.  The applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge; therefore, he is entitled to correction of his records to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

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

BOARD VOTE:  

JHL_____  JMA____  SK______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC9810626/AR1998012712	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1998/12/10	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.