PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           15 November 2001                   
	DOCKET NUMBER:   AR2001062155

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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 that his brother, the former service member (FSM) be promoted to private first class (PFC) and awarded the Expert Qualification Badge with Rifle Bar.

3.  The applicant states that the FSM was killed in action during World War II and he is attempting to set the FSM’s records straight regarding his grade and awards and decoration.

4.  In support of his request, the applicant has provided documents that include letters from the FSM to their mother regarding his qualification in arms; letters and telegrams from the Adjutant General of the Army informing the family of the FSM’s wounding in action and later, notice of his death; extract from unit morning reports regarding the FSM; a copy of the FSM’s Report of Death; a copy of DA Form 1577 (Authorization for Issuance of Awards) issued by the National Personnel Records Center (NPRC); a Certificate of Military Service (NA Form 13038); various other documents concerning the FSM’s injuries and burial location; and a letter from the US Total Army Personnel Command (PERSCOM) reflecting denial of the Expert Qualification Badge and promotion to PFC for the FSM.

5.  The applicant’s military records were lost or destroyed in the 1973 fire at the NPRC.  Information herein was derived from the documents submitted by the applicant.

6.  A separation document, such as WD AGO Form 53-55, Enlisted Record and Report of Separation, is not issued when a soldier dies before separation from the service or is killed-in-action.  A Report of Death is issued.  On 5 February 2001 the NPRC issued a Certification of Military Service.  This record shows that the FSM entered the Army of the United States on 27 January 1944 and served as a rifleman with Company A, 317th Infantry Regiment, 80th Infantry Division.  He was killed-in-action in Germany on 26 February 1945.

7.  On 5 February 2001 the NPRC determined that the FSM was entitled to the following awards and authorized their issuance: Bronze Star Medal, Purple Heart with one oak leaf cluster, Good Conduct Medal, Presidential Unit Citation, European-African-Middle Eastern Campaign Medal with 3 bronze service stars, World War II Victory Medal, Combat Infantryman Badge and the World War II Honorable Service Lapel Button.

8.  Information obtained from hospital admission cards created by The Office of the Surgeon General for the years 1944 and 1945, show that the FSM was admitted to a medical treatment facility on 24 September 1944 for leg wounds suffered as a result of combat action for which he was hospitalized for approximately 124 days.  He was killed-in-action as a result of an artillery shell exploding on his position on 26 February 1945.
9.  On 9 April 1944, the FSM, in a letter to his mother, indicated that he had qualified as “expert” with the rifle.

10.  On 30 July 2001, PERSCOM, informed the applicant that it could not award the Expert Badge to the FSM because no records could be located to verify that he was entitled to the award.  PERSCOM also advised the applicant that it did not have authority to posthumously promote the FSM to PFC and that he should apply to this Board for consideration of his requests.

11.  Army Regulation 615-5, Appointment and Reduction of Noncommissioned Officers and Privates First Class, the regulation then in effect, provided in pertinent part that company commanders had the authority to appoint privates first class at their discretion without regard to authorized vacancy requirements, for soldiers who had completed 1 year of satisfactory service or had served or were serving outside the continental limits of the United States.

12.  Army Regulation 600-8-22, Military Awards, provides in pertinent part, that a basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Basic qualification badges are of three classes: expert, sharpshooter and marksman.

CONCLUSIONS:

1.  The evidence of record shows that the FSM entered the Army in January 1944, and served in the European Theater of Operations from at least September 1944, when he was first wounded, until his death on 26 February 1945.  Accordingly, he satisfied the 1 year of satisfactory service, as indicated by his award of the Good Conduct Medal, as well as the requirement to have served outside the continental limits of the United States.  While no documentation exists to show that his commander intended to promote him to PFC, under the terms of the appointment regulation then in effect, he was eligible for such a promotion.  Therefore, it would be appropriate for the Board to correct his records to show that he was promoted to the grade of PFC on the day prior to his death, 25 February 1945.

2.  Insofar as the question of the Expert Qualification Badge is concerned, again there is no definitive evidence that he qualified for such an award.  However, the facts show that he was a rifleman assigned to an infantry company, fought with them in combat, was wounded, fought with them again and was killed-in-action.  It could be assumed then, that he had some degree of qualification with a rifle and it would not be inappropriate to award him the Expert Qualification Badge with Rifle Bar.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a.  showing that the FSM was promoted to the grade of PFC effective 25 February 1945; and 

	b.  showing that he was awarded the Expert Qualification Badge with Rifle Bar.

BOARD VOTE:  

___sk___  ____inw _  ___kah _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Irene N. Wheelwright_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001062155	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011115	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.