PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 June 2002
	DOCKET NUMBER:   AR2002070731

	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. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		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 Item 38 (Highest Grade Held) of his separation document (WD AGO Form 53-55) be corrected to show the rank of staff sergeant (SSG).

3.  The applicant states, in effect, that the rank he held at the time of his discharge was not the highest rank he held during his active duty tenure.  In support of his application, he submits a copy of his Separation Qualification Record (WD AGO Form 100).

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

5.  The available evidence includes a WD AGO Form 53-55, which verifies that the applicant was inducted into the Army of the United States (AUS) on 
11 October 1943, and that he continuously served on active duty until being honorably separated on 17 November 1945. 

6.  The applicant’s WD AGO Form 53-55 also confirms that he served in the European Theater of Operations (ETO), from 19 April 1944 through 
19 August 1945, and that he participated in the Normandy, Northern France, Rhineland, and Ardennes campaigns of World War II.  It further shows that during his active duty tenure he earned the following awards:  Combat Infantryman Badge (CIB); European-African-Middle Eastern Campaign Medal; Good Conduct Medal; and the World War II Victory Medal.  

7.  Item 3 (Grade) and Item 38 (Highest Grade Held) of the applicant’s 
WD AGO Form 53-55 both contain the entry private.  However, Item 10 (Military Occupational Assignments) of the applicant’s WD AGO Form 100 confirms that he held and served in the rank of SSG for 21 months while performing duties in the military occupational specialty (MOS) of 745, as both a rifleman and a 
squad leader.

8.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 CIB is considered to be a citation in orders for this purpose.  This means, in effect, that the BSM is to be awarded to individuals who earned the CIB for service during World War II.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, prescribes the Army’s awards policy.  Paragraph 5-12 contains guidance on the European-African-Middle Eastern Campaign Medal.  It states, in pertinent part, that one bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that Item 38 (Highest Grade Held) 
of his WD AGO Form 53-55 should contain the entry SSG, and it finds this claim 
has merit.  The available evidence confirms that the applicant held and served in 
the rank of SSG for 21 months during his active duty tenure.  Therefore, the 
Board concludes that it would be appropriate at this time to correct Item 
38 (Highest Grade Held) of his separation document accordingly.

2.  By regulation, the BSM 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, and the regulation stipulates that for this purpose award of the CIB is considered a citation in orders.  The evidence confirms that the applicant was awarded the CIB for his combat service during World War II.  As a result, the Board concludes he should be awarded the BSM based on this regulatory criteria at this time. 

3.  The Board finds that the applicant’s participation in four campaigns while serving in the ETO entitles him to 4 bronze service stars with his 
European-African-Middle Eastern Medal.  Thus, it concludes that it would be appropriate to add these awards to his records at this time.

4.  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, particularly 
item 38 (Highest Grade Held) of his WD AGO Form 53-55 should be 
corrected to show his rank as staff sergeant; by showing he was awarded the Bronze Star Medal; by showing he earned 4 bronze service stars for European-African-Middle Eastern Medal; and by providing him a corrected separation document that includes these corrections.

BOARD VOTE:  

__INW__  __KAN__  __RTD___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Irene N. Wheelwright ___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070731	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/27	
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.	129.0500	
2.		
3.		
4.		
5.		
6.