PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 May 2000
	DOCKET NUMBER:   AR1999034281

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Raymond J. Wagner		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 records be corrected to reflect that he was separated in the rank of staff sergeant (SSGT).

3.  The applicant states, in effect, that while serving as a first cook in the rank of SSGT in the Philippines, he was reduced to the rank of private.  He goes on to state that an officer directed him to prepare him fried eggs and he (the applicant) informed him that the official menu was for scrambled eggs and that only the mess sergeant would be able to authorize a change.  He continues by stating that he was told that his rank would be restored in 3 months; however, this did not occur.  He further states that he served his country faithfully and honorably from 1940 to 1945, that he earned the Combat Infantryman Badge (CIB), the Expert Infantryman Badge (EIB), and the Army Good Conduct Medal (AGCM).  Accordingly, he believes that his service warranted separation in the rank of SSG.  He also states that he believes that his reduction was the result of a rapid turnover of junior officers, that it will cost the government nothing, and that it will set the record straight.  In support of his application he submits a copy of his report of separation (WD AGO Form 53-55). 

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Center in St. Louis, Missouri which destroyed millions of service records.  However, the applicant’s WD AGO Form 53-55 shows he enlisted in the Mississippi Army National Guard on 23 October 1940 and entered active duty on 25 November 1940.  He served as a cook and was transferred to the Asiatic-Pacific Theater of Operations (APTO) from 14 February 1944 to 26 November 1945.  He was awarded the CIB, the EIB, the AGCM, the Philippine Liberation Medal, the American Defense Service Medal, the Asiatic Theater of Operation Medal, the APTO Medal, the World War II Victory Medal, and the Bronze Indian Arrowhead.

5.  His record shows that the highest grade he held was that of a SSGT; however, on 23 December 1945 he was honorably discharged at Camp Shelby, Mississippi in the rank of private.

6.  Partially destroyed records that were retrieved from the 1973 fire show that he was promoted to the rank of TEC4 (equivalent of a SSGT) on 14 August 1945 and that he was reduced to the rank of private in 1945; however, the date and authority for the reduction are not legible.

7.  Army Regulation 600-8-22 provides, in pertinent part, 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 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 (CIB) 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.

CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant’s reduction to the rank of private was accomplished in accordance with the applicable laws and regulations in effect at the time.

2.  The passage of time since the applicant’s separation from the service         (54 years) coupled with the unavailability of his complete personnel records and the facts and circumstances surrounding his reduction in grade, make it difficult at best for the Board to determine that an error or injustice occurred in his case.  Therefore, the Board must presume that the actions taken by the Department in his case at the time were correct.

3.  However, although the authorization to award members the Bronze Star Medal was not enacted until after the applicant separated from the service, he nevertheless should have received the award based on his having been awarded the CIB.  Therefore, it would also be in the interest of justice to correct the administrative oversight at this time.

4.  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 awarding the individual concerned the Bronze Star Medal for meritorious service during World War II and correcting his records accordingly.

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

BOARD VOTE:  

___cmf__  ___fe ___  __rjw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Calvin M Fowler _____
		        CHAIRPERSON

INDEX

CASE ID	AR1999034281	
SUFFIX		
RECON		
DATE BOARDED	2000/05/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  60	107.0014/BSM	
3.		
4.		
5.		
6.