PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 June 2003
         DOCKET NUMBER: AR2002079785


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Hubert O. Fry		Member
Ms. Marla J. Troup		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.

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2. The applicant requests award of the Bronze Star Medal.

3. The applicant states that he was involved in the battle to defend the island of Luzon between 7 December 1941 and 10 May 1942. He also states that his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) shows that he participated in the defense of Luzon.

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 consist primarily of his WD AGO Form
53-55. This document shows that he was inducted on 29 July 1941, entered the Military Police Corps, and served in the Southwest Pacific theater of Operations from 6 April 1942 until he was honorably separated on 16 November 1945.

5. The applicant's WD AGO Form 53-55, which is authenticated in his own hand does not show award of the Bronze Star Medal.

6. Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows that he participated in the New Guinea Campaign and the Luzon Campaign.

7. The applicant's records do not show that he or the unit in which he served, the 814th Military Police Company, received campaign credit for the Philippine Islands Campaign which occurred from 7 December 1941 to 10 May 1942.

8. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows that the applicant received the Philippine Liberation Medal with one bronze service star. There is no evidence the applicant was awarded the Philippine Defense Ribbon which was awarded during the Philippine Islands Campaign to those soldiers participating in the defense of the Philippine Islands from 7 December 1941 to 10 May 1942.

9. In the limited records available to the Board, there are no orders awarding the applicant the Bronze Star Medal. A staff member of the Army Review Boards Agency conducted a review of unit records maintained at the National Archives in College Park, Maryland. Review of these records did not reveal any General Orders authorizing the applicant an award of the Bronze Star Medal.

10. Upon review of the available records, the Board noted that the applicant was eligible for award of the World War II Victory Medal which is not listed on his WD AGO Form 53-55. Further, the Board noted that the 814th Military Police Company with which the applicant served during World War II received unit awards that are not listed on his WD AGO Form 53-55.

11. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in World War II. This document shows the unit, to which the applicant was assigned, the 814th Military police Company, was cited for award of the Meritorious Unit Commendation for the period 13 January 1945 to 1 July 1945 by Army Forces Western Pacific General Orders Number 334, dated 19 November 1945.

12. Department of the Army Pamphlet 672-1 shows the unit, to which the applicant was assigned, the 814th Military Police Company, was cited for award of the Philippine Presidential Unit Citation for actions during the period 13 January 1945 to 1 July 1945 by Department of the Army General Orders Number 47-50.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism, for meritorious achievement or for meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

14. Paragraph 3-13d(3) of Army Regulation 600-8-22 also provides that the Bronze Star Medal is awarded to soldiers who participated in the Philippine Islands Campaign between 7 December 1941 and 10 May 1942. Requirements for award of the Bronze Star Medal under this provision of regulation are performance of duty on the island of Luzon or the Harbor Defenses in Corregidor and Bataan and award of the Distinguished Unit Citation.

15. Department of the Army Pamphlet 672-1 also lists campaign credit for the units serving in World War II. This document shows the unit, to which the applicant was assigned, the 814th Military Police Company, received campaign credit for only the New Guinea and Luzon Campaigns during World War II.

16. Department of the Army Pamphlet 672-1 shows the unit, to which the applicant was assigned, the 814th Military Police Company, was not cited for award of the Distinguished Unit Citation during World War II.

17. Appendix B of Army Regulation 600-8-22 lists the authorized campaigns for World War II. The section of Appendix B covering the Asiatic-Pacific Theater of Operations shows that the defense of the Philippines occurred from 7 December 1941 to 10 May 1942 and was recognized by the "Philppine Islands Campaign." This same section of Appendix B also shows that the New Guinea Campaign occurred during the period 24 January 1943 to 31 December 1944 and the Luzon Campaign occurred 15 December 1944 to 4 July 1945.

18. Paragraph 9-14 of Army Regulation 600-8-22 provides that the Philippine Defense Ribbon is awarded for service in the defense of the Philippines from 8 December 1941 to 15 June 1942, under either of the following conditions:
(a) participation in any engagement against the enemy in Philippine territory, in Philippine waters, or in the air over the Philippines or over Philippine waters. An individual will be considered as having participated in an engagement if they meet one of the following: (1) was a member of the defense garrison of the Bataan Peninsula or of the fortified islands at the entrance to Manila Bay;
(2) was a member of and present with a unit actually under enemy fire or air attack; (3) served on a ship which was under enemy fire or air attack; or (4) was a crewmember or passenger in an airplane which was under enemy aerial or ground fire; (b) assigned or stationed in Philippine territory or in Philippine waters for not less than 30 days during the period; or (c) individuals who meet conditions set forth in 1 and 2 above are authorized to wear a bronze service star on the ribbon.

19. Paragraph 9-15 of Army Regulation 600-8-22 provides that the Philippine Liberation Ribbon is awarded for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945, under any of the following conditions:
(1) participated in the initial landing operations on Leyte or adjoining islands from 17 October 1944 to 20 October 1944. An individual will be considered as having participated in such operations if he landed on Leyte or adjoining islands, was on a ship in Philippine waters, or was a crewmember of an airplane which flew over Philippine territory during the period; (2) participated in any engagement against the enemy during the campaign on Leyte and adjoining islands. An individual will be considered as having participated in combat if he meets any of the conditions set forth in paragraph 9-14a(2) through (4); (3) participated in any engagement against the enemy on islands other than those included in (2) above. An individual will be considered as having participated in combat if he or she meets any of the conditions set forth in paragraph 9-14a(2) through (4); or (4) served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period. An individual who meets more than one of the conditions set forth in a above is authorized to wear a bronze service star on the ribbon for each additional condition under which he or she qualified other than that under which he or she is eligible for the initial award of the ribbon.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the Bronze Star Medal.

2. There are no General Orders available to the Board which show the applicant was awarded the Bronze Star Medal.

3. There is no evidence of a recommendation for a personal award of the Bronze Star Medal to the applicant for heroism, for meritorious achievement or for meritorious service.

4. A search of unit records revealed no evidence that the applicant was recommended for or awarded the Bronze Star Medal.

5. The Board noted the applicant's statement that he participated in the defense of Luzon. However, there is no evidence that he or the unit to which he was assigned participated in the defense of Luzon between 7 December 1941 and 10 May 1942 or that it received campaign credit for the Philippines Island Campaign. There also is no evidence the applicant received an award of the Philippine Defense Ribbon which would have been awarded if he had served in the defense of the Philippines. Finally, there is no evidence that the unit to which the applicant was assigned received the Distinguished Unit Citation.

6. Based on the foregoing, the Board concluded that the applicant did not receive a personal award of the Bronze Star Medal for heroism, for meritorious achievement, or for meritorious service.

7. Based on the foregoing, the Board also determined that the applicant was not eligible for award of the Bronze Star Medal for participation in the Philippine Islands Campaign. Specifically, his unit did not receive campaign credit for the Philippine Islands Campaign and did not receive the Distinguished Unit Citation as required for award of the Bronze Star under the provisions of Paragraph
3-13d(3) of Army Regulation 600-8-22.

8. Based on the applicant's service during World War II, he is entitled to award of the World War II Victory Medal. Therefore, he is entitled to correction of his records to show this award.

9. General Orders show that the applicant was entitled to award of the Meritorious Unit Commendation and the Philippine Presidential Unit Citation. Therefore, the applicant is entitled to correction of his records to show these unit awards.

10. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the World War II Victory Medal, the Meritorious Unit Commendation and the Philippine Presidential Unit Citation.
2. That so much of the application as pertains to award of the Bronze Star Medal is denied.

BOARD VOTE:

__FNE___ __HOF__ __MJT__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Fred N. Eichorn__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079785
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030617
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.