PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 18 July 2000
	DOCKET NUMBER:         AR1999034584

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Ms. Margaret V. Thompson		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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was separated in the pay grade of “S SGT” (Staff Sergeant/Technician 3rd Grade) instead of “PFC” (Private First Class/Grade 6).

3.  The applicant states, in effect, that his rank is incorrect on his WD AGO Form 53-55.  He also states that his commander offered him the rank of Staff Sergeant; however, he never received it.  He further states that the Medal of Honor was offered to him by a general officer.  In support of his application he submits a copy of his WD AGO Form 53-55.

4.  The applicant’s military records were destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted 5 July 1944 as a squad leader 
(745).  He served in the Asiatic Pacific Theater of Operations from 20 January 1945 to on or about 26 August 1945 and was honorably discharged on 9 February 1946.

5.  The applicant’s WD AGO Form 53-55 shows he was awarded the Asiatic Pacific Campaign Medal with one bronze service star, the World War II Victory Medal, the Good Conduct Medal, the Purple Heart and the Combat Infantryman Badge.  

6.  The applicant’s WD AGO Form 53-55, which is authenticated in his own hand, shows that in item 38 (Highest Grade Held) the entry “Pfc” [Private First Class/Grade 6].  This discharge document also shows in item 3 (Grade) the 
entry “Pfc”.

7.  The applicant’s WD AGO Form 100 (Separation Qualification Record), military occupational assignments section, shows in item 10 (month) the entry “3”,
in item 11 (Grade) and the entry “Pfc” (Private First Class).

8.  The applicant’s WD AGO Form 53-55 which was authenticated in his own hand, does not show the Medal of Honor as an authorized award.

9.  There are no orders in the available records which show that he was awarded the Medal of Honor.  There also is no evidence in his records that he was recommended for award of the Medal of Honor.

10.  A DA Form 1577 (Authorization for Issuance of Awards), dated 20 June 1985, shows the Army Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge.

11.  The purpose of the WD AGO Form 100 (Separation Qualification Record) was to assist World War II veterans in post-service employment, education, or any other endeavor by the service member.  The form was prepared based on service personnel records and personal interview for a very specific purpose and was not intended as a replacement or substitute for the official records of the individual’s service.  For these reasons, this form was prepared on a one-time basis and was not replaced or edited after the fact.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Medal of Honor.  The Medal of Honor is awarded by the President in the name of Congress to a person who while a member of the Army distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The regulation provides that the deed performed must have been one of personal bravery or self sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved the risk of life.  Further, the regulation requires that “incontestable proof” of the performance of the service will be exacted and each recommendation for this decoration will be considered on the standard of extraordinary merit.

CONCLUSIONS:

1.  There is no evidence in the available records to show that he was advanced higher than “Pfc”.  Therefore, there is no basis to correct item 3 (Grade) of his WD AGO Form 53-55.

2.  The applicant’s WD AGO Form 100 shows his grade as “Pfc”.  There is no evidence of orders advancing him to staff sergeant; therefore, he is not entitled to correction of his records to show that he was separated in the pay grade of “S SGT” [Staff Sergeant/Technician 3rd Grade].

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for award of the Medal of Honor by his chain of command or awarded the Medal of Honor.  Therefore, he is not entitled to correction of his records to show this award.

4.  The applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the 
Bronze Star Medal based on award of the Combat Infantryman Badge.

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

BOARD VOTE:  

GDP____  EB______  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_GEORGE D. PAXSON______
		        CHAIRPERSON

INDEX

CASE ID	AR1999034584	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000718	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460209	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  60		
2.  1021		
3.  47		
4.		
5.		
6.