PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 2 September 1999
	DOCKET NUMBER:        AR1999020788

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was awarded the Bronze Star Medal (BSM), the Prisoner of War (POW) Medal and correction of item 4 (Arm or Service) to show the entry “AC” (Air Corps) or “AAF” [Army Air Force] instead of the entry “CE” [Combat Engineer].

3.  The applicant states, in effect, that his WD AGO Form 53-55 does not show the award of the BSM, the POW Medal and that item 4 is incorrect.  He also states that he was in the US Army Air Corps at the time of his discharge and was awarded the BSM in August 1992 for meritorious achievement from 1941 – 1942. He also states that he was assigned to an aviation engineering battalion, at Clark Field, Philippines before he was taken as a POW.  He concludes by stating that his Engineer Battalion was part of the Air Corps.  In support of his applicant he submits a copy of his WD AGO Form 53-55, various news paper articles, Certificate of Appreciation from the Army Air Forces and a copy of Permanent Orders 109-1, dated 7 August 1992.

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 29 March 1941 as chauffeur.  He served in the Western Pacific Theater of Operations from 23 October 1941 to 1 October 1945 and was honorably discharged on 20 April 1946.

5.  The applicant’s WD AGO Form 53-55 shows he was awarded the World War II Victory Medal, the American Defense Service Medal with one bronze service star, the Asiatic Pacific Campaign Medal, the Distinguish Unit Badge with two Oak Leaf Clusters and the Philippines Liberation Ribbon with one bronze service star.  His discharge document does not show the Bronze Star Medal and the POW Medal as authorized awards.

6.  The applicant was awarded the BSM for meritorious achievement during the period 7 December 1941 to 10 May 1942 by the US Army Reserve Personnel 
Center Permanent Orders 109-1, dated 7 August 1992.

7.  A DA Form 1577 (Authorization for Issuance of Awards), dated 30 June 1988,
shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Prisoner of War (POW) Medal.

8.  Item 4 (Arm or Service) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, show the entry “CE” [Combat Engineer].

9.  Army Regulation 600-8-22, in pertinent paragraph, for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

10.  Training Manual 12-235, in effect at that time, provides instructions for the 
preparation of the WD AGO Form 53-55.  It states, in pertinent part, that item 4, Arm or Service of the last unit or similar element to which he was assigned would be entered, rather than the Arm or Service of the element of which he was a part while moving to a separation activity.

11.  Informal coordination with the US Army Center of Military History revealed that the 803rd Engineer Battalion was constituted on 20 June 1941 in the Regular Army as the 803rd Engineer Battalion, Aviation.  The unit was activated on 8 July 1941 at Westover Field, Massachusetts and surrender on 9 April 1942 to the Japanese 14th Army.  It was redesignated on 22 December 1945 as the 
803rd Engineer Aviation Battalion.

CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal and the  POW Medal; therefore, he is entitled to correction of his records to show these awards.

2.  Evidence records show that the 803rd Engineer Aviation Battalion was constituted in the Regular Army, not the Air Corps.  Therefore, item 4 (Arm or Service) of his WD AGO Form 53-55 which shows the entry “CE” is correct as currently constituted.

3.  The Board noted the applicant’s Certificate of Appreciation signed by the Commanding General of the Army Air Forces in recognition of the applicant’s wartime service.  However, this certificate does not establish that the 803rd Engineer Aviation Battalion was an Air Corps unit and is not sufficient as a basis to change the applicant’s discharge document.

4.  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 in item 33 (Decorations and Citations) of his WD AGO Form 53-55 that he was awarded the Bronze Star Medal and the Prisoner of War (POW) Medal.

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

BOARD VOTE:  

MKP____  TNK____  JMA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999020788	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990902	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460420	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  75		
2.   61		
3.		
4.		
5.		
6.