PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 November 2001
	DOCKET NUMBER:   AR2001060369

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 military records be corrected to show the rank of sergeant first class (SFC) as the highest rank he held while on active duty, his correct unit of assignment, and all awards and decorations to which he is entitled.

3.  The applicant states, in effect, that he held the rank of SFC at the time of his separation.  He states that the unit shown on his Enlisted Record and Report of Separation (WD AGO Form 53-55), Service Battery, 143rd Field Artillery Battalion, is incorrect and should read Battery B, 143rd Field Artillery Battalion.  In addition, he states that his WD AGO Form 53-55 does not reflect the awards that he earned during his period of service.  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 in 1973.  The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55 and other reconstructed records. 

5.  His WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 10 September 1941.  He was trained as a welder and served overseas for 2 years, 11 months, 27 days.  In addition, he was awarded the Asiatic-Pacific Service Medal, the American Defense Service Medal, and the Philippine Liberation Medal with 1 bronze service star.

6.  On 10 October 1945, the applicant was honorably discharged from the Army in the rank of Technician 5th Grade (TEC 5).  Item 3 (Grade) of his WD AGO 
53-55 contains the entry TEC 5 and item 38 (Highest Grade Held) of this form contains the entry corporal (CPL).  Under the enlisted grade structure in effect at the time, the rank of TEC 5 and CPL were equivalent ranks. 

7.  Morning Report extracts from 4 November 1944 to 6 May 1945 show that the applicant was assigned to Battery B, 143rd Field Artillery Battalion, while serving in the Pacific Theater of Operations (PTO).

8.  On 27 May 1992, an Authorization for Issuance of Awards (DA Form 1577) authorized that the applicant be issued the Army Good Conduct Medal (AGCM), American Campaign Medal, World War II Victory Medal, and Asiatic-Pacific Service Medal with bronze service stars denoting his campaign participation in the PTO.  Also, he was reissued the American Campaign Medal and the Philippine Liberation Ribbon with 1 bronze service star.

9.  Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in item 6 (Organization) of the WD AGO Form 53-55.  It also notes that assignments to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the policy and procedures for the Army awards program.  It authorizes the award of the World War II Victory Medal (WWII Victory Medal) to all members who served between 
7 December 1941 and 31 December 1946.  It also provides for awarding the AGCM to individuals who distinguished themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  Further, it provides for awarding the American Campaign Medal (ACM) for qualifying service in the American Theater between 7 December 1941 and 2 March 1946 and a bronze service star for the Asiatic-Pacific Theater Service Medal for every campaign in which a member participated while serving in the PTO. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that item 38 (Highest Grade Held) of his WD AGO Form 53-55 should list the highest rank he held as SFC.  However, it finds insufficient evidence to support this claim. 

2.  While the Board wishes to congratulate the applicant on his outstanding World War II service, it finds the available evidence confirms only that he held the rank of TEC 5 on the date of his separation and that the highest rank he held while serving on active duty was CPL.  These ranks were properly entered in items 
3 and 38 of his WD AGO Form 53-55 and there is no available evidence that shows he ever held or served in the rank of SFC.  Therefore, the Board finds the available evidence does not support the applicant’s requested relief in regard to this issue. 

3.  The available evidence does confirm the applicant’s contention that he served in B Battery, 143rd Field Artillery Battalion, during the majority of his World War II service in the PTO.  Thus, the Board concludes that Service Battery, 
143rd Field Artillery Battalion, was likely a transitional unit and therefore, it concludes that it would be appropriate to correct the organization listed in the applicant’s WD AGO Form 53-55 to read B Battery, 143rd Field Artillery Battalion at this time. 

4.  The applicant’s period of service from 10 September 1941 to 10 October 1945 entitles him to award of the World War II Victory Medal, AGCM, American Campaign Medal, 3 bronze service stars for his Asiatic-Pacific Service Medal denoting his campaign participation in the PTO.  Therefore, the Board finds it would be appropriate to add these awards to his separation document at this time. 

5.  In view of the foregoing, the applicant’s records should be corrected 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 assigned to Battery B, 143rd  Artillery Battalion in item 6 (Organization) of his WD AGO 53-55; that he earned the World War II Victory Medal, Army Good Conduct Medal, American Campaign Medal, and 3 bronze service stars for his Asiatic-Pacific Service Medal; and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:  

__JLP__  __MHM__  __RKS___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __Jennifer L. Prater__
		        CHAIRPERSON

INDEX

CASE ID	AR2001060369	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/20	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT (PARTIAL RELIEF)	
REVIEW AUTHORITY		
ISSUES         1.	144.9312	
2.		
3.		
4.		
5.		
6.