PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 November 2003                  
	DOCKET NUMBER:   AR2003088095

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Antonio Uribe, 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 that his rank be shown as a “buck sergeant” and that his discharge records be corrected to show all of his authorized awards and decorations.

3.  The applicant states that he was promoted to corporal on 1 January 1945.  He states that he was captured by the German Army on 3 January 1945 and spent 4 months and 20 days as a prisoner of war (POW).  He states that since he was a POW for more than three months he was promoted to sergeant.  He would like to have his records corrected so that when he dies his correct rank can be inscribed on his headstone.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from limited records previously obtained from the Department of Veterans Affairs (VA).

5.  He entered active duty on 25 April 1944.  He completed training and served in the Europe from 17 October 1944 through 23 November 1945 with Company E, 141st Infantry Regiment, 36th Infantry Division.  

6.  The applicant was captured by the German Army on 4 January 1945 and liberated on or about 8 May 1945.  He received an honorable discharge, due to demobilization, on 7 December 1945.  The report of his separation physical examination shows his rank as private first class (PFC).

7.  His WD AGO 53-55 lists his awards and decorations as the Purple Heart, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, the Combat Infantryman Badge, and the World War II Victory Medal.  It shows that he participated in the Rhineland and Central Europe campaigns.  He was discharged in the grade of PFC.

8.  Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that Company E, 141st Infantry Regiment, 36th Infantry Division was awarded of the Distinguished Unit Citation (now known as the Presidential Unit Citation) and the Army Occupation Medal with Germany Clasp during the period he was assigned to it.  

9.  Army Regulation 600-8-22, paragraph 3-13 provides that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is also 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 Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
10.  Army Regulation 600-8-22, paragraph 5-12 authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  

11.  Army Regulation 600-8-22, paragraph 6-7 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

12.  Army Regulation 600-8-22, paragraph 7-13 states that the Prisoner of War Medal was authorized on 8 November 1985 and may be retroactively awarded to individuals who in past armed conflicts were taken prisoner or held captive.

13.  WDGAP 383.6 Directive (21 September 1945) sets forth the authority for a one grade promotion for service members who were in a status of POW, evader, or escapee for 18 months or longer providing that the circumstances surrounding their status was honorable. 

CONCLUSIONS:

1.  By his own admission, the applicant was a POW for 4 months and 22 days.  The applicable War Department policy provided for a one grade promotion only for individuals who were POWs, evaders on escapees for at least 18 months.

2.  His records were lost and the reconstructed file is incomplete.  Because of this there is insufficient evidence to show if he received the indicated promotion to corporal and he would not have been qualified for promotion to sergeant solely on the basis or his POW status.  

3.  In addition to the awards shown on his discharge document he is also authorized the Bronze Star Medal, the Presidential Unit Citation, the Prisoner of War Medal, the Army Occupation Medal with Germany Clasp, and two bronze service stars for wear on his European-African-Middle Eastern Campaign Medal.

4.  It is therefore appropriate to correct his records to show that he was awarded these additional awards and decorations.

5.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

1.  That he be awarded the Bronze Star Medal, the Prisoner of War Medal, the Presidential Unit Citation, and three bronze service stars for wear on his European-African-Middle Eastern Campaign Medal.

2.  That he be issued a correction to his discharge document listing all of his awards and decorations as follows: the Bronze Star Medal, the Purple Heart, the Good Conduct Medal, the Combat Infantryman Badge, the Army Occupation Medal with Germany Clasp, the Presidential Unit Citation, the Prisoner of War Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars, and the World War II Victory Medal.

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

BOARD VOTE:  

__FNE___  ___GHW  __AUJR_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_       Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR AR2003088095	
SUFFIX		
RECON		
DATE BOARDED	20031104	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT,(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.