PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 May 2002
	DOCKET NUMBER:   AR2001064439

	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. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Terry L. Placek		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 near the end of World War II he was transferred to another unit and was promoted to SSG prior to his discharge.  He states that he was reduced to private for driving a jeep without permission and was promised by his commander if he reenlisted his rank would be restored.  In support of his application, he submits a copy of his separation document (WD AGO Form 53-55) and his Honorable Discharge Certificate.

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 a copy of the applicant’s WD AGO Form 53-55.

5.  The WD AGO Form 53-55 confirms that he was inducted into the Army of the United States on 13 April 1942, and that he continuously served on active duty until being honorably separated on 13 October 1945.  Item 3 (Grade) of the applicant’s WD AGO 53-55 contains the entry “PVT” and Item 38 (Highest Grade Held) of this form contains the entry “S SGT.”

6.  The WD AGO Form 53-55 also confirms that the applicant served in the ETO, from 22 February 1944 to 30 September 1945, and that he participated in the Normandy, Rhineland, Ardennes, Northern France and Central Europe campaigns of World War II.  Item 33 (Decorations and Citations) verifies that he earned the following awards during his active duty tenure: European-African-Middle Eastern Campaign Medal; Bronze Star Medal; and the Good Conduct Medal.

7.  Army Technical Manual 12-235 prescribed the policy and procedure for preparing separation certificates and documents for enlisted personnel discharged, relieved from active duty, or transferred to a Reserve component.  Section VI, paragraph 24, stated that the grade held at the time of separation would be entered on the separation certificate and associated documents.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 5-12 contains guidance on the European-African-Middle Eastern Campaign Medal and it states, in pertinent part, that a bronze service star is authorized for each campaign a member participated in while serving in the ETO, a silver service star is worn to denote 5 campaigns, in lieu of 5 bronze service stars.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Campaign Medal (ACM).  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the Continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal (WWII Victory Medal).  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive

CONCLUSIONS:

1. The available documents clearly show that the rank listed in block 3 of the applicant’s WD AGO 53-55 was properly entered in accordance with the applicable regulation in effect at the time. 

2.  While the Board wishes to congratulate the applicant on his outstanding World War II service, it finds the available evidence confirms the rank he held on the date of his separation, PVT, was correctly listed in Item 3 of his WD AGO Form 53-55 and that the highest rank he attained, SSG, was properly documented in Item 38 of the form.  Therefore, the Board finds no evidentiary basis for a correction to his rank and is regrettably compelled to conclude that relief is not warranted in this case.

3.  The evidence of record confirms that during his assignment tenure in the ETO, the applicant participated in 5 campaigns.  Therefore, the Board concludes that the applicant is entitled to 1 silver service star (in lieu of 5 bronze service stars) on his European-African-Middle Eastern Campaign Medal and it finds it would be appropriate to correct his records to reflect this entitlement at this time.

4.  The evidence of record also shows that based on the applicant’s record of service, the applicant is qualified for and entitled to receive the American Campaign Medal and the World War II Victory Medal.

5.  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 one silver service star in lieu of the 5 bronze service stars worn on his European-African-Middle Eastern Campaign Medal, the American Campaign Medal, the World War II Victory; and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:  

__SAC__  ___KWL__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler__
		        CHAIRPERSON

INDEX

CASE ID	AR2001064439	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/09	
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.	131.0000	
2.		
3.		
4.		
5.		
6.