PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 June 2002
	DOCKET NUMBER:   AR2001063753

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Regan K. Smith		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 the Report of Separation, WD AGO Form 53-55, of her deceased husband a former service member (FSM), be corrected to show his grade as Staff Sergeant.

3.  The applicant states, in effect, that the FSM’s Separation Qualification Record, WD AGO Form 100, shows he held the grade of Staff Sergeant.

4.  The FSM’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

5.  The FSM was inducted into the Army on 29 September 1943 and entered active service on 18 October 1943.  His WD AGO Form 100 shows he served     4 months as a Private during infantry basic training, 12 months as a Private First Class light truck driver, and 6 months as a of Staff Sergeant scout.  It also shows he was authorized to wear the Combat Infantryman Badge, one Bronze Star Medal, and four combat stars (bronze service stars).  His WD AGO Form 53-55 shows that he served in the Asiatic Pacific Theater of Operations from 15 June 1944 until 1 June 1945, when he was apparently medically evacuated.  

6.  The FSM’s Certificate of Disability for Discharge, WD AGO Form 40, shows his rank as Private First Class.  The Final Payment Roll, WD Form 371, of the Detachment of Patients, Birmingham General Hospital shows he had been transferred as a Private First Class.

7.  The FSM was discharged on 24 September 1945.  His WD AGO Form 53-55, item 3 shows his grade as Private First Class, item 31 indicates “not available” for his military qualifications, item 33 lists the Asiatic-Pacific Theater Medal as his only decoration, and item 38 lists his highest grade held as Private First Class.

8.  Army Regulation 615-5, in effect at the time, governed the appointment and reduction of noncommissioned officers and Privates First Class.  It provided that enlisted soldiers who were eligible for promotion would be recommended in writing, approved by the appropriate authority, and orders issued confirming the promotion.  It also provided that noncommissioned officers appointed during an emergency under special authorization of the War Department would be temporary appointments.  In order to provide an opportunity to observe the performance of candidates for higher grades, unit commanders were authorized to exceed their authorized allotments in any grade by the number of vacancies that existed in a higher grade pending the promotion of the best-qualified candidate(s).  

9.  The Bronze Star Medal was established by Executive Order 9419, 4 February 1944.  Army Regulation 600-8-22 provides for the award of the BSM to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.  It also provides for award of the BSM to members of the armed forces who, after 6 December 1941 and prior to               3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  

10.  Army Regulation 600-8-22 provides for award of the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.  

CONCLUSIONS:

1.  The evidence of record shows that the FSM was last paid as a Private First Class.  However, his WD AGO Form 100 shows he did hold the rank of Staff Sergeant.  It appears he may have been temporarily appointed to Staff Sergeant under existing regulations. While it would not be appropriate to change item 3 of his WD AGO Form 53-55 to show his rank as Staff Sergeant, it appears that it would be proper to change item 38 to reflect his highest grade held as Staff Sergeant.  This should not be considered a derogatory entry but only a reflection of the most likely fact that the FSM did not serve long enough to obtain a permanent promotion to that rank.

2.  The FSM’s WD AGO Form 100 shows that he was awarded the Combat Infantryman Badge, a Bronze Star Medal, and four bronze service stars (indicating he received credit for four campaigns even though the four campaigns in which he participated cannot be determined).  He is also authorized the World War II Victory Medal.

3.  Based upon the FSM’s award of the Combat Infantryman Badge, he is authorized a second Bronze Star Medal.

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

RECOMMENDATION:

1.  That the FSM’s WD AGO Form 53-55:

     a.  item 31 be amended to add the Combat Infantryman Badge;

     b.  item 33 be amended to add two awards of the Bronze Star Medal, the World War II Victory Medal, and to show he is authorized to wear four bronze service stars with the Asiatic-Pacific Theater Medal; and
     c.  item 38 to show his highest grade held as Staff Sergeant.

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

BOARD VOTE:  

     JLP          AAO           RKS       GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		        Jennifer L. Prater
		        CHAIRPERSON

INDEX

CASE ID	AR2001063753	
SUFFIX		
RECON		
DATE BOARDED	2002/06/04	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.