PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  10 October 2001
	DOCKET NUMBER:  AR2001057436

	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. Luther L. Santiful		Chairperson	
	Mr. Joe R. Schroeder		Member	
	Mr. Charles Gainor		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 that he was separated in the pay grade of “Private First Class” (Pvt 1st Class/Grade 6) instead of “Private” (Private/Grade 7).  

3.  The applicant states that during World War II, he entered the Army as a “Private”, was wounded in Germany, received an honorable discharge, and was awarded several awards.  He felt that upon discharge, he should have been promoted to “Private First Class” since he was wounded in action and serving his country.  In support of his application he submits a copy of his WD AGO Form 53-55.

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 1944 as a rifleman (745).  He served in the European-African-Middle Eastern Theater of Operations from 15 January 1945 to 14 June 1945 and continued to serve until he was honorably discharged on 10 November 1945.

5.  The applicant’s WD AGO Form 53-55 shows that he was awarded the 
European-African-Middle Eastern Campaign Medal with one bronze service star, the Purple Heart, the American Theater Ribbon, the Good Conduct Medal, and the Combat Infantryman Badge.

6.  The applicant’s WD AGO Form 53-55, which is authenticated in his own hands, shows that in item 38 (Highest Grade Held) the entry “Pvt” (Private/
Grade 7).  His discharge document also shows in item 3 (Grade) the entry 
“Pvt” (Private/Grade 7).

7.  There are insufficient records available to the Board to show that the applicant was ever promoted above the rank of private.

8.  Army Regulation 600-8-22 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.

9.  Army Regulation 600-8-22 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. 

CONCLUSIONS:

1.  The Board notes that there is no evidence in the available records to show that he was advanced higher than “Pvt” (Private/Grade 7) prior to his discharge.  Therefore, there is no basis to correct item 3 (Grade) of his WD AGO Form 53-55 to show that he was separated in the pay grade of ”Private First Class” (Pvt 1st Class/Grade 6).

2.  The evidence of record shows the applicant is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show that he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

3.  The evidence of record shows that the applicant served in World War II 
and arrived in the European-African-Middle Eastern Theater on 15 January 1945. Therefore, he is entitled to correction of his records to show that he was awarded the World War II Victory Medal.

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 for the individual concerned be corrected by showing that he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge and the World War II Victory Medal. 

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

BOARD VOTE:  

__ls__  __js___  ___cg__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057436	
SUFFIX		
RECON		
DATE BOARDED	20011010	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451110	
DISCHARGE AUTHORITY	AR 615-361	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.