PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               17 October 2000
	DOCKET NUMBER:      AR2000043384

	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. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Barbara J. Ellis		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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show all awards and decorations to which he is entitled and to show that he was promoted to the next higher grade.

3.  The applicant states, in effect, that his DD Form 214 does not show all awards and decorations to which he is entitled or his promotion to the next higher grade.  In support of his application he submits a copy of his WD AGO Form
53-55 and a copy of his Honorable Discharge Certificate.

4.  The Board notes that the applicant indicated at the bottom of his application “see attached envelope”; however, this envelope was not attached to the application.

5.  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 entered active duty on 11 December 1940 as a heavy truck driver (931).  He served in the European-African-Middle Eastern Theater of Operations from 26 April 1944 to 23 September 1945 and was honorably discharged on 6 October 1945.

6.  The applicant’s DD Form 214 shows he was awarded the Good Conduct Medal, the American Defense Medal, the European-African-Middle Eastern Campaign Medal with four bronze service stars and the Combat Infantryman Badge.  His discharge document does not show any additional awards.

7.  A DA Form 1577 (Authorization for Issuance of Awards), dated 23 June 
1999, shows the National Personnel Records Center in St. Louis, Missouri, determined the applicant was entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge, the American Campaign Medal and the World War II Victory Medal.

8.  The applicant’s WD AGO Form 53-55, which is authenticated in his own hands, shows in item 38 (Highest Grade Held) the entry “S Sgt” (Staff Sergeant/Technician 3rd Grade).  However, his discharge document also shows in item 3 (Grade) the entry “”S Sgt” (Staff Sergeant/Technician 3rd Grade).

9.  The Board notes that he is entitled to the Army of Occupation Medal with Germany Clasp which is not shown on his discharge document.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, 
occupation credit during World War II.  This document shows the unit to which 

the applicant was assigned, 335th Infantry Regiment of the 84th Infantry Division,
received occupation credit for Germany for the period 2 May 1945 to 31 October 1945. 

CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge, the American Campaign Medal and the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show these awards.

2.  There is no evidence in the available records to show that he was promoted higher than the rank of “S Sgt” (Staff Sergeant/Technician 3rd Grade).  Therefore, there is no basis to correct item 3 (Grade) of his WD AGO Form 
53-55.

3.  The applicant was awarded the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his records to show this award.

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 that the individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge, the American Campaign Medal, the World War II Victory Medal and the Army of Occupation Medal with Germany Clasp.

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

BOARD VOTE:  

RVO____  LDS_____  BJE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		RAYMOND V. O’CONNOR____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043384	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001017	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451006	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46		
2.  1021		
3.  		
4.		
5.		
6.