PROCEEDINGS

	IN THE CASE OF 

	BOARD DATE:             3 June 2003                  
	DOCKET NUMBER:    AR2003084109

	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:

	Ms. Joann H. Langston		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Paul M. 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 separation document 
(WD AGO Form 53-55 ) be corrected to show his rank as corporal (CPL).   

3.  The applicant states, in effect, that he was promoted to CPL prior to his discharge.  In support of his application, he provides a copy of the promotion document that authorized his promotion to CPL on 21 September 1945.

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost in that fire.  However, there were sufficient documents in the reconstructed record to allow the Board to conduct a fair and impartial review of the case.  

5.  The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army of the United States and entered active duty on 9 February 1944 and that he continuously served on active duty until being honorably separated on 
16 November 1945.  It also shows that he served in the European Theater of Operations (ETO), with Company K, 358th Infantry Regiment performing duties in military occupational specialty (MOS) 745 (Rifleman), from 6 August 1944 until 
9 June 1945.  It also confirms that he participated in the Normandy and Rhineland campaigns and that he earned the following awards:  Combat Infantryman Badge; European-African-Middle Eastern Campaign Ribbon with 
2 bronze service stars; Good Conduct Medal; and World War II Victory Ribbon. 

6.  A Report of Physical Examination (WD AGO Form 63) on file that documents the physical examination the applicant took on 4 September 1945, confirms that he was a Prisoner of War (POW) for five months.  A Headquarters, Eighth Service Command Letter, dated 21 September 1945, Subject:  Promotion to  Recovered Personnel, indicates that a statement or report of interview of recovered personnel submitted on the applicant was reviewed, and as a result the applicant’s promotion to CPL was approved under the provisions of paragraph 18, POW Second Edition, dated 17 August 1945.  

7.  A Department of the Army (DA) Form 1577 (Authorization for Issuance of Awards), dated 21 September 1988, confirms the applicant was issued a POW Medal based on his having been held a POW from 24 November 1944 to 8 May 1945.  

8.  A letter published by The Adjutant General’s Office (TAGO), dated 17 August 1945, Subject:  Procedure for processing, return, and reassignment of recovered personnel (Short Title: POW), contained the Army’s special promotion policy and provided the authority for promoting returning POWs.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 3-13 of the awards regulation 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. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his separation document should be corrected to show his rank as CPL, based on his promotion prior to his separation, and it finds this claim has merit.  

2.  The available evidence confirms that the applicant was held as a POW from 
24 November 1944 to 8 May 1945.  It also establishes that he was subsequently promoted to CPL on 21 September 1945, under the provisions of the Army’s special POW promotion policy contained in TAGO Letter, dated 17 August 1945, Subject:  Procedure for processing, return, and reassignment of recovered personnel (Short Title: POW).  Thus, the Board finds it would be appropriate to correct the rank listed in his separation document to CPL, and to add the POW Medal to the list of authorized awards contained in his WD AGO Form 53-55. 

3.  During the review of this case, the Board also determined that the applicant was entitled to the Bronze Star Medal, for his exemplary conduct in ground combat against an armed enemy during World War II based on his having been awarded the CIB.  Thus, the Board concludes that it would be appropriate to award him the BSM and it to his record 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 be corrected by showing the applicant held the rank of corporal on the date of his separation from active duty; by awarding him the Bronze Star Medal, for exemplary conduct in ground combat against an armed enemy during World War II, from 6 August 1944 through 9 June 1945; by showing he earned the Prisoner of War Medal; and by providing him a corrected separation document that reflects these changes.  

BOARD VOTE:  

__JHL  _JLP_  __PMS       GRANT AS STATED IN RECOMMENDATION

________  ______ _____  GRANT FORMAL HEARING

________  ________ ___  DENY APPLICATION

		Joann H. Langston
		 CHAIRPERSON

INDEX

CASE ID	AR2003084109	
SUFFIX		
RECON		
DATE BOARDED	2003/06/03	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/11/16	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization 	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.  46	107.0000	
3.		
4.		
5.		
6.