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ARMY | BCMR | CY2001 | 2001057588C070420
Original file (2001057588C070420.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2001
         DOCKET NUMBER: AR2001057588


         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. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Thomas B. Redfern, III 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, in effect, that his records be corrected to show he was hospitalized in New Zealand for malaria, he was a member of the Infantry Cadre at Camp Croft, South Carolina in 1944/1945, his primary combat unit during World War II was the 1st Battalion, 35th Infantry Regiment, 25th Infantry Division, which entitles him to the Presidential Unit Citation (PUC).

3. The applicant states, in effect, that he was hospitalized for malaria in New Zealand and that he was serving with the 35th Infantry Regiment when he was awarded the Combat Infantryman Badge (CIB). He also indicates he served as a member of the Infantry Cadre at Camp Croft, South Carolina in 1944 and 1945 and would like these facts added to his records for the benefit of his children.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire.

5. Included in the evidentiary documents reviewed by the Board was a copy of General Orders Number 2, dated 25 January 1945, issued by Headquarters,
35th Infantry Regiment, which confirms the applicant was awarded the CIB for the period 10 through 26 January 1943, while assigned to C Company, 1st Battalion, 35th Infantry Regiment, 25th Infantry Division.

6. There is also a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation) on file, which was issued to the applicant upon his discharge. This form indicates that he was honorably separated on 21 August 1945. Block 6 (organization) shows that his unit of assignment at that time was the Military Police Detachment, Section I, Service Command Unit 1454 and it also indicates that he was released from active duty at the Separation Center, Fort Devens, Massachusetts.

7. The WD AGO Form 53-55 also confirms that the applicant served in the Asiatic-Pacific Theater of Operations (APTO) from 26 April 1941 through 22 July 1944 and participated in the Pearl Harbor, Guadalcanal, and Northern Solomons campaigns of World War II. It also verifies that during his active duty tenure he was awarded the CIB; Asiatic-Pacific Theater Campaign Ribbon; Good Conduct Medal; and American Defense Service Medal with Clasp.

8. Army Regulation 600-8-22 prescribes Army policy concerning individual military awards and Paragraph 3-13 outlines the criteria for the award of the Bronze Star Medal (BSM). It states, in pertinent part, that the BSM is authorized to members who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945 and that for this purpose the CIB is considered as a citation in orders.
9. Paragraph 5-11 states, in pertinent part, that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946 and paragraph 5-13 confirms that one bronze service star is authorized for wear with the Asiatic-Pacific Campaign Medal for each campaign a member participated in while in the theater.

10. Paragraph 7-13A outlines the criteria for the Distinguished Unit Citation (DUC), which, on 3 November 1966, was redesignated as the PUC. The DUC is awarded to units for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941. The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart from and above other units participating in the same campaign.

11. Paragraph 9-24 indicates that the Philippine Republic PUC was authorized to certain units in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and
17 October 1944 to 4 July 1945. Not more than one Philippine Republic PUC will be worn by an individual and no oak leaf cluster or other appurtenance is authorized.

12. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. The award listing contained in this source publication for the 35th Infantry Regiment, the applicant’s unit in the APTO, confirms that during his assignment tenure with the unit, it earned the Philippine Republic PUC for service between 7 December 1941 and 10 May 1942, as authorized in Department of the Army General Order (DAGO) 47-50 and the DUC for the period 10 through 23 January 1943, as authorized in DAGO 36-51.

CONCLUSIONS:

1. While the Board does not question the veracity of the applicant’s claims, it is unable to verify his hospitalization for malaria and his assignment as an Infantry Cadre member at Camp Croft from the available evidence and as a result is unable to grant that portion of the requested relief.

2. The Board was able to establish the applicant’s entitlement to the following awards: BSM; World War II Victory Medal; and 3 bronze service stars for his Asiatic-Pacific Theater Medal. Further, the Board finds, based on his service with the 35th Infantry Regiment in the APTO, he is entitled to receive the Philippine Republic PUC and the DUC, now known as the PUC.

3. 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 the applicant was awarded the BSM; World War II Victory Medal; DUC; Philippine Republic PUC; and 3 bronze service stars for his
Asiatic-Pacific Theater Medal; by providing him a corrected separation document that reflects these awards and adds the following statement to the remarks section: Asiatic-Pacific Theater of Operations service from 26 April 1941 through 22 July 1944 with C Company, 1st Battalion, 35th Infantry Regiment, 25th Infantry Division.

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

BOARD VOTE:

__MKP _ __TBR __ __RKS__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson__
                  CHAIRPERSON



INDEX

CASE ID AR2001057588
SUFFIX
RECON
DATE BOARDED 2001/08/07
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1945/08/21
DISCHARGE AUTHORITY AR 615-365
DISCHARGE REASON Demobilization
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 41 107.0000
2.
3.
4.
5.
6.



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