PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 October 2001
	DOCKET NUMBER:   AR2001060778

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman, Jr.		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 rank be restored to staff sergeant (SSG).

3.  The applicant states, in effect, that his reduction was based on a minor isolated incident and his overall record of service warrants his grade being restored to SSG.  He indicates that he received numerous military awards to include the Silver Star and Bronze Star Medals; that he served in combat as an infantry platoon sergeant for 200 days; and that he participated in the 
Naples-Foggia and Rome-Arno campaigns of World War II.  

4.  The applicant’s military records show that on 8 April 1940 he enlisted in the Army National Guard and on 16 September 1940 he entered active duty.  On 
8 June 1943, he departed the United States for the European Theater of Operations (ETO) where he arrived for duty on 22 June 1943.  

5.  In the ETO, the applicant served with Company B, 179th Infantry Regiment, 
45th Infantry Division and performed duties in military occupational specialty 
745 (platoon sergeant) until his departure and return to the United States on 
17 August 1944.  

6.  A specific record of the applicant’s promotions/reductions and the facts and circumstances pertaining to the reason he was reduced to the rank of private are not included in his record.  However, there is an Army Separation Qualification Record (WD AGO Form 100) on file that verifies he served as a private basic infantryman for 3 months, a platoon sergeant for 3 years and 11 months, and a private military policeman for 5 months.  

7.  On 30 August 1945, the applicant was separated after completing a total of 
4 years, 11 months, and 15 days of active military service.  His separation document (WD AGO Form 53-55) shows that he held the rank of private on the date of his separation and that the highest rank he held while on active duty was SSG.  It also shows that while serving in the ETO he participated in the Naples-Foggia and Rome-Armo campaigns and that during his active duty tenure he earned the following awards:  Combat Infantryman Badge (CIB); American Defense Service Medal; Silver Star Medal; Bronze Star Medal; Good Conduct Medal; and European African Middle Eastern Campaign Medal with 2 bronze service stars.  

8.  On 24 June 1984, the applicant was awarded the Bronze Star Medal 
1st Oak Leaf Cluster for his meritorious achievement in ground combat against the armed enemy during World War II in the ETO.  This award was based on his having earned the CIB during World War II. 

9.  Paragraph 3-13 outlines the criteria for the award of the Bronze Star Medal (BSM).  Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947.  This paragraph also stipulates that for this purpose an award of the CIB is considered as a citation in orders. 

10.  Paragraph 5-11 establishes that the World War II Victory Medal is authorized for any member who served between 7 December 1941 and 31 December 1946. In addition, paragraph 5-12 contains guidance on awarding the European-African-Middle Eastern Service Medal and states, in pertinent part, that a bronze service star is authorized for each campaign participated in while in the ETO and a bronze arrowhead is authorized to denote participation in an assault landing.  

11.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, foreign unit awards, occupation credit and unit citation badges awarded during World War II.  It contains a unit listing that confirms what credit and awards every unit received during its World War II service.  It confirms that during the applicant’s assignment tenure with the 179th Infantry Regiment the unit participated in the Anzio,
Naples-Foggia, Rome-Armo, and Sicily campaigns of World War II; it received assault landing credit for Seoglitti, Salerno, Anzio, and Southern France; and it was recognized with the French Croix de Guerre.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his rank should be restored to SSG based on his overall record of service and the fact that the misconduct that resulted in his reduction was an isolated and minor offense.  

2.  The evidence of record confirms that the applicant served as a SSG on active duty for almost 4 years and that his combat service in the ETO was exemplary and heroic as evidenced by the awards and decorations he received, which included the Silver Star Medal.  

3.  The Board wishes to congratulate and thank the applicant for his exceptional World War II service, but lacking evidence to the contrary, it finds this alone is not a sufficient basis for granting the requested relief.  There is insufficient evidence to show there was any error or injustice related to his reduction in rank.  Thus, the Board is compelled to presume the Army’s action to reduce the applicant was proper and equitable at the time.  

4.  Although the applicant’s record of combat service is exemplary, this alone is not a sufficient basis to restore his rank given the existing record amply credits and documents his outstanding service and achievements as a SSG.  Further, since the Board finds no error or injustice in the reduction process, a restoration of his rank is not warranted given it would provide no further clarity to his service record or any specific effective relief.  The Board does wish to further emphasize that this decision in no way detracts from his exceptional combat service as a SSG and his outstanding performance as an infantry platoon sergeant.

5.  During its review of this case, it was discovered that the applicant’s separation document did not include awards to which he is entitled based on his combat service with his unit in the ETO during World War II.  Thus, the Board concludes it would be appropriate to add the following earned awards to his record at this time: Bronze Star Medal 1st Oak Leaf Cluster; World War II Victory Medal; and French Croix de Guerre.

6.  In addition, the available evidence also confirms that during his assignment tenure with the 179th Infantry Regiment, the unit participated in the Anzio, Naples-Foggia, Rome-Arno, and Sicily campaigns of World War II and it received assault landing credit for Seoglitti, Salerno, Anzio, and Southern France.  Thus, the Board concludes his record should be corrected to reflect his proper campaign participation and to show he is authorized 4 bronze service stars and a bronze arrowhead with his European-African-Middle Eastern Campaign Medal based on his campaign participation and assault landing credit. 

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case, particularly the separation document of the individual concerned, be corrected by showing:

a.  he participated in the Naples-Foggia, Rome-Armo, Anzio and Sicily campaigns of World War II;

b.  he was awarded the Bronze Star Medal 1st Oak Leaf Cluster for his meritorious achievement in ground combat during World War II;

c.  he is authorized to wear 4 bronze service stars and a bronze arrowhead with his European-African-Middle Eastern Campaign Medal denoting his World War II campaign participation and assault landing credit;

d.  that he earned the French Croix de Guerre based on his unit’s service during his assignment tenure; and 

e.  award of the World War II Victory Medal based on his active duty service during this period. 

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

BOARD VOTE:  

__RVO__  ___RKS__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor, Jr.__
		            CHAIRPERSON

INDEX

CASE ID	AR2001060778	
SUFFIX		
RECON		
DATE BOARDED	2001/10/16	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/08/30	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization 	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  308	129.0600	
2.  46	107.0000	
3.		
4.		
5.		
6.