PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 December 2001
	DOCKET NUMBER:   AR2001062996

	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	
	Mr. Thomas Lanyi		Member	
	Mr. Jose A. Martinez		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 military records be corrected to show the rank of staff sergeant (SSG).

3.  The applicant states, in effect, that his assignment as chief of the regimental message center and service to his country qualifies him for advancement to the rank of SSG.  In support of his application, he submits a copy of Enlisted Record and Report of Separation (WD AGO Form 53-55) and Separation Qualification Record (WD AGO Form 100).

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from his separation documents. 

5.  The applicant’s WD AGO Form 53-55 shows that he entered the Army of the United States on 27 September 1943 and that he served in military occupational specialty 667 (Message Center Chief).  It also confirms that he served overseas in the European Theater of Operations (ETO) for 1 year, 5 months, 23 days and that during his active duty tenure he earned the following awards and decorations:  European-African-Middle Eastern Service Medal with 4 bronze service stars; Good Conduct Medal; World War II Victory Medal; Expert Infantryman Badge; and Combat Infantryman Badge. 

6.  On 2 February 1946, the applicant was honorably discharged from the Army in the rank of Technician 5th Grade (TEC 5).  Item 3 (Grade) of his WD AGO 
53-55 contains the entry TEC 5 and item 38 (Highest Grade Held) of this form also contains the entry TEC 5.  

7.  Army Regulation 600-8-22 prescribes the policy and procedure for the Army awards program.  It states, 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.  It also establishes that 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.  The regulations specifies that an award of the Combat Infantryman Badge is considered to be a citation in orders for the purpose of awarding the BSM under this criteria.

CONCLUSIONS:

1.  The applicant’s contentions that his service to his country and service in a higher position qualifies him for promotion to SSG has been noted by the Board. However, the Board finds insufficient evidence to support granting this requested relief.  

2.  The Board wishes to congratulate the applicant on his outstanding World War II service and it does not question the facts on which he based his claim that he should be promoted to SSG.  However, these factors alone do not provide a basis for granting the relief requested.  Further, serving in a position authorized a higher grade alone does not automatically entitle a member to a promotion to that higher grade.  The available evidence confirms that he held the rank of 
TEC 5 on the date of his separation and that this was the highest rank he attained while serving on active duty.  Therefore the Board is compelled to deny the applicant’s request that he be promoted to SSG.

3.  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 available evidence confirms that the applicant was awarded the CIB for his combat service during World War II and as a result, the Board concludes he is entitled to receive the BSM and that this award should be added to his records 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 showing that the individual concerned was awarded the Bronze Star Medal and by providing him a corrected separation document that reflects this change.

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

BOARD VOTE:  

__INW __   _ _TL __  __JAM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2001062996	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/12/18	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.