PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 March 2002
	DOCKET NUMBER:   AR2001061979

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas B. Redfern, III		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 military records be corrected to show the rank of Technician 5th Grade (TEC 5).

3.  The applicant states, in effect, that he was unjustly reduced from the rank of TEC 5 to the rank of private (PVT) by his commander.  He states that he served in two campaigns in the Pacific Theater of Operations (PTO), in the rank of 
TEC 5, and that he was awarded the Purple Heart (PH), the Bronze Star Medal (BSM), and the Army Good Conduct Medal (AGCM).  He further states that his reduction should have been to the rank of private first class (PFC) and not to PVT.  In support of his application, he submits a copy of his Enlisted Record and Report of Separation (WD AGO Form 53-55) and a War Department (WD), The Adjutant General Office (AGO), letter, dated 10 June 1948.  

4.  The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of his WD AGO Form 53-55.

5.  The applicant’s separation document shows that he was inducted into the Army of the United States and entered active duty on 28 January 1942.  He was trained as a postal clerk and served in the PTO, where he participated in the Western Pacific, Southern Philippines, and Ryukus campaigns of World War II.  In addition, he was awarded the Asiatic-Pacific Service Medal and the Philippine Liberation Service Medal.

6.  On 14 September 1945, the applicant was honorably discharged from the Army, in the rank of PVT.  Item 3 (Grade) of his WD AGO 53-55 contains the entry “PVT” and Item 38 (Highest Grade Held) of this form contains the entry “Not Available”.  

7.  A WD AGO letter, dated 10 June 1948, confirms that in AGO Letter Orders, dated 10 June 1948, the applicant was awarded the BSM for exemplary conduct in ground combat, while serving as a TEC 5 in the Western Pacific campaign of World War II; and the PH for wounds received in action on 19 May 1945, while serving as a PVT in Okinawa.  

8.  Army Technical Manual 12-235 prescribed the policy and procedure for preparing separation certificates and documents for enlisted personnel discharged, relieved from active duty, or transferred to a Reserve component.  Section VI, paragraph 24, stated that the grade held at the time of separation and the highest grade held during that current period of active duty would be entered on the separation document.  

9.  Army Regulation 600-8-22 (Military Awards) provides the policy and procedure on the Army awards program.  Paragraph 5-11 of the awards regulation contains guidance on awarding the World War II Victory Medal and it states, in pertinent part, that it is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 

10.  Paragraph 5-13 contains guidance on awarding the Asiatic-Pacific Service Medal and it states, in pertinent part, that a bronze service star is authorized for each campaign participated while in the PTO.  Paragraph 5-14 authorizes the award of the American Campaign Medal (ACM) and it states, in pertinent part, that  service in the American Theater for an aggregate period of one year or more, between 7 December 1941 and 2 March 1946, is a qualifying period of service for this award. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his reduction from the rank of Tec 5 was unjust and that he should not have been reduced below the rank of private first class and that he was awarded the AGCM; however, it finds insufficient evidence to support these claims.  

2.  The specific facts and circumstances surrounding the applicant’s reduction to PVT are not on file in the available records and given the lack of evidence to the contrary, the Board is compelled to presume government regularity in his reduction to PVT and that the reason for this reduction was sufficient to disqualify him from receiving the AGCM.  

3.  However, the WD AGO letter, dated 10 June 1948, confirms that the applicant was awarded the BSM for exemplary conduct in ground combat, while serving in the rank of TEC 5 in Western Pacific campaign of World War II; and the PH for wounds received in action on 19 May 1945, while serving as a PVT in Okinawa.  Therefore, the Board finds that it would be appropriate to document the fact, with an entry in item 38 (Highest Grade Held) of his WD AGO 53-55, that the highest rank he held on active duty was TEC 5 and to add these earned awards to his record at this time.

4.  By regulation, 1 bronze service star is authorized for Asiatic-Pacific Campaign Medal for each campaign a member participated in while assigned to the PTO; thus, based on his participation in 3 campaigns, the applicant is entitled to 
3 bronze service stars for his Asiatic-Pacific Service Medal.

5.  In addition, the Board finds that the applicant’s World War II service, from 
28 January 1942 to 14 September 1945, entitles him to the World War II Victory Medal and the American Campaign Medal.  Thus, it concludes these awards should also be added to his records at this time. 

6.  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, in item 38 (Highest Grade Held) of his WD AGO Form 
53-55, that the highest rank held by the individual concerned on active duty was TEC 5; by showing he earned the Bronze Star Medal, Purple Heart, World War II Victory 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:  

__FNE__   _ _TBR__  __DPH     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		          __Fred N. Eichorn__
		             CHAIRPERSON

INDEX

CASE ID	AR2001061979	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/05	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.	133.00	
2.		
3.		
4.		
5.		
6.