PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 April 2002                  
	DOCKET NUMBER:   AR2001063351

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Richard T. Dunbar		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show award of the Bronze Star Medal (BSM) and the Prisoner of War (POW) Medal. 

3.  The applicant states that he should have already received these medals.  He was captured and he risked his life to free himself and to capture six German officers.  He also states that he was in the Veterans Administration (VA) hospital in Nashville, Tennessee at the time that this application was filed and that he receives no monetary assistance for his current health problems.  He submits in support of his request a copy of his WD AGO Form 53-55 for the period of service from 11 January 1944-13 December 1945.

4.  The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from a reconstructed record.

5.  The available records show that the applicant was inducted into the Army of the United States on 11 January 1944.  He completed all required training and was awarded military occupational specialty (MOS) 531, Cannoneer.  He was transferred to the European Theater of Operations (ETO).  He arrived in the ETO on 20 October 1944 and he was assigned to Service Battery, 46th Field Artillery Battalion, 5th Infantry Division.  He participated in the Rhineland and Central Europe campaigns.  He departed the ETO on 8 July 1945 and arrived in the United States on 16 July 1945.  He was honorably discharged on 13 December 1945.  

6.  The applicant’s WD AGO Form 53-55 shows that he was awarded the American Theater Ribbon (currently known as the American Campaign Medal), the European-African-Middle Eastern (EAME) Campaign Medal with two bronze service stars, the World War II Victory Medal, and the Honorable Service Lapel Button.  There is no evidence available to indicate that he was ever in a POW status or that he was awarded the BSM.

7.  The applicant had a short break in service.  On 29 November 1946, after World War II ended, he reenlisted in the Regular Army for a period of 3 years.  He completed the required training and he was awarded MOS 345, Light Truck Driver.  On 9 February 1947, he arrived in Manila and he served there until he was assigned to Japan on 2 July 1947 for occupation duty.  He departed Japan on 18 September 1949 and arrived in the United States on 30 September 1949.

8.  The applicant was honorably discharged on 8 October 1949.  His WD AGO Form 53-55 shows that he was awarded the World War II Victory Medal, the Army of Occupation Medal (Japan), the Honorable Lapel Button and the Marksmanship Badge (Carbine Rifle).  

9.  On 24 July 2001, the National Personnel Records Center (NPRC), St. Louis, Missouri, issued the applicant all of the medals that are shown on his WD AGO Forms 53-55 for both periods of service.  Additionally, he was issued the GCMDL, and the Sharpshooter Badge with Rifle Bar for his period of service from 11 January 1944-13 December 1945.  There is no evidence that he was ever issued the POW Medal or the BSM.

10.  Army Regulation 600-8-22 (Military Awards) provides that the GCMDL is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the GCMDL, disqualification must be justified.  

11.  Army Regulation 600-8-22 provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  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.  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 BSM is to be awarded to individuals who were authorized either badge for service during World War II.

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who are taken prisoner or held captive.  The medal is awarded retroactively for past conflicts.  

CONCLUSIONS:

1.  The available evidence does not substantiate the applicant's contention for award of the BSM or the POW Medal or confirm that he was ever in a POW status.  

2.  Additionally, there is no evidence available that indicates the applicant has a service-connected illness or injury that justifies compensation.  

3.  The NPRC issued the applicant the GCMDL and the Sharpshooter Badge with Rifle Bar for his period of service from 11 January 1944-13 December 1945. He is entitled to have his WD AGO Form 53-55 corrected to show award of the GCMDL.  The available evidence does not sufficiently support award of the Sharpshooter Badge with Rifle Bar.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a DD Forms 215, (Correction to WD AGO Form 53-55 with date of separation, 13 December 1945) to show in Item 32 that he was awarded the GCMDL for his period of service from 
11 January 1944-13 December 1945.  The individual concerned should also be furnished a DD Form 215 to show in Item 33 of his WD AGO Form 53-55 issued on 8 October 1949 all awards and decorations to which he is collectively entitled. 

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

BOARD VOTE:  

__MKP__  ___EJA_  __RTD___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR2001063351	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451213	
DISCHARGE AUTHORITY	AR615-365	
DISCHARGE REASON	A03.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.