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ARMY | BCMR | CY2002 | 2002079334C070215
Original file (2002079334C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 February 2003
         DOCKET NUMBER: AR2002079334


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. James E. Anderholm Member
Ms. Eloise C. Prendergast 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) to show award of the Bronze Star Medal and the Purple Heart in item 33 (Decorations and Citations). He also requests correction of item 34 (Wounds Received in Action) to show he received shrapnel wound to his hand and arm.

3. The applicant states, in effect, that these items are omitted from his WD AGO Form 53-55. In support of his application, he submits a copy of his WD AGO Form 53-55, a WD AGO Form 100 (Separation Qualification Record), his Honorable Discharge Certificate, an addendum to his application, Letter Orders awarding him the Bronze Star Medal, a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) and a VA Form 2507 (Request for Physical Examination).

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he enlisted in the Army on 13 October 1942, completed infantry training and served in the Asiatic-Pacific Theater of Operations from 9 April 1944 to 19 November 1945. The applicant was honorably discharged on 19 December 1945. His WD AGO Form 53-55 does not show the Bronze Star Medal or the Purple Heart as authorized awards.

5. The applicant provided a copy of Letter Orders, dated 10 June 1953, which awarded him the Bronze Star Medal based on award of the Combat Infantryman Badge for actions on 15 March 1945 in the Pacific Theater of Operations.

6. Item 34 on the applicant's WD AGO Form 53-55 shows the entry "NONE."

7. The applicant provided a copy of his separation physical examination, dated 19 December 1945. He stated in item 11 that he sustained shrapnel wounds to his right and left hand and was treated at the medical aid station in the Philippines in June 1945. The physician indicated in item 15 (Skin) that the shell fragment wound to the right hand was a "well healed scar. In item 15, the physician also indicated that the shell fragment wound to the right middle finger was a "well healed scar."

8. The Board noted that the applicant is entitled to award of the Asiatic-Pacific Theater Ribbon with three bronze service stars and the Philippine Republic Presidential Unit Citation which are not shown on his discharge document.

9. Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he received campaign credit for participation in New Guinea and Luzon. His discharge document shows entitlement to the Asiatic-Pacific Theater Ribbon with two bronze service stars.

10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows, among other information, campaign credit during World War II. This document shows that, at the time of the applicant’s assignment to the 172nd Infantry Regiment, the unit received campaign credit for Northern Solomons (22 February 1943 to 21 November 1944).

11. Department of the Army Pamphlet 672-1 shows the applicant's unit, 172nd Infantry Regiment, was cited for award of the Philippine Republic Presidential Unit Citation based on Department of the Army General Order Number 47, dated 1950.

12. Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Asiatic-Pacific Service Medal.

CONCLUSIONS:

1. Letter orders submitted by the applicant show he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge for actions on 15 March 1945 in the Pacific Theater of Operations. Therefore, item 33 on his WD AGO Form 53-55 will be corrected to show award of the Bronze Star Medal.

2. There are no orders available to the Board which authorize award of the Purple Heart to the applicant. However, the applicant has provided medical evidence which shows he sustained shell fragment wounds to his right hand and right middle finger in June 1945. Upon review, the Board determined that this evidence is sufficient as a basis for award of the Purple Heart. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Purple Heart in item 33.

3. Based on paragraph 2, above, the applicant is entitled to correction of item 34 on his WD AGO Form 53-55 to show the entry "Asiatic-Pacific Theater of Operations, June 1945."

4. The applicant's WD AGO Form 53-55 shows he received credit for participation in the New Guinea and Luzon campaigns and was awarded the Asiatic-Pacific Theater Ribbon with two bronze service stars. '

5. However, the Department of the Army Pamphlet 672-1 shows the applicant's unit received campaign credit for participation in the Northern Solomons. Therefore, in accordance with the governing regulation, the applicant is entitled to an additional bronze service star to be affixed to his Asiatic-Pacific Theater Ribbon and correction of his WD AGO Form 53-55 to show the Asiatic-Pacific Theater Ribbon with three bronze service stars.

6. While the applicant was assigned to the 172nd Infantry Regiment, 43rd Division, this unit was cited for award of the Philippine Republic Presidential Unit Citation. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this foreign unit award.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

         a. by deleting award of the Asiatic-Pacific Theater Ribbon with two bronze service stars from item 33 on the WD AGO Form 53-55 of the individual concerned;

         b. by adding award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Purple Heart, the Asiatic-Pacific Theater Ribbon with three bronze service stars and the Philippine Republic Presidential Unit Citation to item 33 of his WD AGO Form 53-55; and

         c. by adding the entry "Asiatic-Pacific Theater of Operations, June 1945" to item 34 of his WD AGO Form 53-55; and

         d. by adding the entry " Northern Solomons" to item 32 of his WD AGO Form 53-55.

BOARD VOTE:

FNE_____ JEA____ ECP____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON



INDEX

CASE ID AR2002079334
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030206
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0015
2. 107.0014
3.
4.
5.
6.


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