MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           22 February 2001                 
	DOCKET NUMBER:   AR2000041897

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

	Mr. Carl W. S. Chun		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr. 		Chairperson	
	Mr. Ted S. Kanamine 		Member	
	Mr. Stanley Kelley 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  The widow of a deceased former service member (FSM) requests that her husbands records be corrected to show that he was separated from active duty in 1945 with the rank of sergeant. 

APPLICANT STATES:  In essence, that the FSM told her that after he was wounded, another soldier tried to get his helmet, but the FSM got angry and hit the other solider.  Apparently, he was "demoted" for this misconduct.  The widow states that she is hoping that his record can be corrected, but if not possible, she at least tried to have his records corrected.  

EVIDENCE OF RECORD:  The FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from partially reconstructed personnel records and documentation submitted by the applicant.

The FSM served in L Company, 141st Infantry Regiment of the Texas National Guard from 27 September 1939 until he and his unit were inducted (federalized) into the Army of the United States on 25 November 1940.  His  rank appears to have been private at that time.

His records (WD AGO Form 100 (Army Separation Qualification Record)) showed his rank at separation as private.  It also showed that he served for 
3 months as a cook , 4 months as a mess sergeant (with the rank of private) and 30 months as an Infantry squad leader with the rank of sergeant and supervised approximately 12 other soldiers while on active duty.  He was assigned to the European Theater of Operations (ETO) on 2 April 1943 and served there until 
20 June 1944, when he was returned to the United States for further duty.

Extracts of records from the Surgeon General of the Army that were not lost in the National Personnel Records Center Fire, show that the applicant was wounded by a perforating bullet wound to the head in September 1943.  On 
26 October 1943, a letter from the Office of the Surgeon, 1st Replacement Depot, in Europe recommended that the FSM be reclassified to "L.S." and permission to wear soft headgear.  His condition was diagnosed as psychoneurosis, anxiety type.  His rank was shown as sergeant.  Another document in his records, issued by the 52nd Station Hospital in the ETO awarded the FSM the Purple Heart for wounds received in action against enemy forces near Salerno, Italy on 
9 September 1943.  He was presented the medal on 6 October 1943.  Again his rank was shown as sergeant.

On 5 October 1945, the FSM was honorably discharged (demobilized) from active duty.  His WD AGO Form 53-55 (Enlisted Record of Separation-Honorable Discharge) shows his rank as private, but item 38 (Highest Grade Held) shows the rank of sergeant.  He was credited with 3 years, 7 months and 22 days of continental service and 1 year, 2 months and 19 days of overseas service.  He was credited with one campaign, Naples-Foggia.  His specialty was shown as Squad Leader, with the military occupational specialty (MOS) of 745 (Squad Leader).  Item 33 (Decorations and Citations) of the WD AGO Form 53-55 showed that he had been awarded the Purple Heart, the Distinguished Unit Badge (now Citation), the American Defense Service Medal, the European-African-Middle Eastern (EAME) Campaign Medal with one bronze battle (now service) star, two overseas service bars and one service stripe.  He also had been issued the World War II Lapel Button.  However, item 34 (Wounds) on the WD AGO Form 53-55 is left blank, with no positive entries or a "none" entry which would have been appropriate if he had not been wounded.  His unit at the time of separation was shown as the Prisoner of War Camp, 1882nd "SCU".  His separation center was at Fort Sheridan, Illinois. He was issued an Honorable Discharge Certificate again showing his rank as private. 

His file also contains a copy of his final separation pay document issued on 
5 October 1945.  This document showed that his rank was private at the time of discharge.    

On 18 December 1945, the FSM was notified by the Veterans Administration (VA), that he had been awarded a disability pension in the amount of $57.50 per months from 6 October 1945 due to "Scars parietal left and posterior occipital region of head; residuals of penetrating gunshot wound" received during war service.  

On 22 May 1946, the FSM was honorably discharged from the Texas National Guard and the National Guard of the United States , based upon his demobilization from active duty.  His rank again was shown as private.  The "Enlisted Record of (applicant's name)" accompanying the Honorable Discharge Certificate showed his rank as private at the time of discharge, but that he had served as a noncommissioned officer with the rank of sergeant, but no dates are shown.  His service was classified as excellent, and that he had no lost time.  

On 19 September 1990, the Army Reserve Personnel Center issued a DA Form 1577 (Authorization for Issuance of Awards) to the FSM in which a complete accounting of his awards and decorations for his service was accomplished.  Besides the awards and decorations shown on the WD AGO 53-55 issued on 
5 October 1945, as outlined above, the award of the Bronze Star Medal (based upon the issuance of the Combat Infantryman Badge), the Good Conduct Medal, the American Campaign Medal, and the World War II Victory Medal were authorized.  However, no correction to the WD AGO Form 53-55, or any other separation document was authorized or made at that time.   

Army Training Manual 12-235, then in effect, provided the policy and guidance for the preparation of the WD AGO Form 53-55.  Item 3 would show the rank of the individual at the time of separation.  Item 6 would show the last unit to which the soldier was assigned and performed duties with, but not the unit to which assigned for separation processing purposes.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations it is concluded:

1.  In order to justify correction of a military record the applicant (the FSM's wife) must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record as it pertained to the FSM is in error or unjust.  The applicant, in this case, has failed to submit evidence that would satisfy this requirement.

2.  There is no question that the FSM served on active duty for slightly more than 
5 years and for approximately 30 months of that time he served with the rank of sergeant.  He was a small unit sergeant (squad leader) and that he participated in combat operations in Europe.  He was wounded and was hospitalized with the rank of sergeant in September and October 1943.  He received the award of the Purple Heart with that rank.  He also appears to have been reclassified to a non-combat related MOS and was returned to the United States in June 1944 for further active duty until discharged from active duty in October 1945.  

3.  At some time after he was wounded he was reduced.  The applicant states that the FSM admitted to her that he struck another soldier after he was wounded, and he was "demoted."  The record fails to show when or how he was reduced.  However, there is no question he was serving with the rank of private at the time he was discharged from active duty.  

4.  Therefore, the Board must presume regularity in the separation process and that his rank at that time of separation was private.  Also, in the absence of error or injustice, there is no basis to restore the rank of the FSM to sergeant.  

5.  The Board notes the FSM's long and faithful service during World War II, and his family should be proud of his contributions to the defeat of enemy forces during World War II, no matter what his rank was.  

6.  Further, the Board also concludes that the FSM's separation document should be administratively corrected to show the award of the Bronze Star Medal, the Good Conduct Medal, the American Campaign Medal, and the World War II Victory Medal.

7.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice in the FSM's military records.  

NOTE:  The Army Review Board Agency Support Division St. Louis, is requested to issue a DD Form 215 (Correction to DD Form 214) to corrected the WD AGO Form 53-55 to show that the FSM was entitled to the award of the Bronze Star Medal, the Good Conduct Medal, the American Campaign Medal, and the World War II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rvo___  __tsk____  __sk_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000041897	
SUFFIX		
RECON		
DATE BOARDED	20010222	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451005	
DISCHARGE AUTHORITY	AR 315-365	
DISCHARGE REASON	A03.00	
BOARD DECISION	DENY WITH NOTE	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.00	
2.	128.00	
3.	107.00	
4.		
5.		
6.