PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 March 2003
         DOCKET NUMBER: AR2002080059


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Thomas A. Pagan		Chairperson
Mr. Roger W. Able		Member
Mr. John A. Kelley		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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Bronze Star Medal, the Purple Heart, the Good Conduct Medal, the Asiatic-Pacific Campaign Medal with two bronze service stars and two arrowheads, the World War II Victory Medal, the Combat Infantryman Badge and the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966). He also requests, in effect, that his military occupational specialty (MOS) 761 (scout) be shown on his WD AGO Form 53-55.

3. The applicant states that his WD AGO Form 53-55 should be updated to reflect the awards shown on his DA Form 1577 (Authorization for Issuance of Awards), dated 1 April 2002. He contends, in effect, that his company commander received two arrowheads for assault landings on Leyte and Okinawa and he believes that he is justified to the same because he was in the "Alligator" ahead of his company commander on 1 April 1945 on Okinawa. He states that his company commander received the Combat Infantryman Badge and also received two bronze service stars to be affixed to his Asiatic-Pacific Campaign Medal. He also contends that the Presidential Unit Citation was awarded to the 96th Division and he would like his discharge to reflect this citation. In support of his application, he submits a letter of explanation, dated 23 August 2002; a DA Form 1577 (Authorization for Issuance of Awards), dated 1 April 2002; a copy of his WD AGO Form 53-55; and a medical record, dated 28 April 1945.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant enlisted on
13 August 1943. He served as a scout in the Asiatic-Pacific Theater from 8 May 1944 through 27 December 1945 and was honorably discharged on 19 January 1946.

5. The applicant's WD AGO Form 53-55 does not show the Bronze Star Medal as an authorized award.

6. The applicant's WD AGO Form 53-55 shows the Purple Heart, the Good Conduct Medal and the World War II Victory Medal as authorized awards in item 33 (Decorations and Citations). Therefore, these issues will not be discussed further in these Proceedings.

7. The applicant's WD AGO Form 53-55 does not show the Asiatic-Pacific Campaign Medal with two bronze service stars and two arrowheads as an authorized award. His WD AGO Form 53-55 does show the Asiatic-Pacific Campaign Medal with one bronze arrowhead as an authorized award.

8. Item 31 (Military Qualifications and Date) on the applicant's WD AGO Form 53-55 shows entitlement to the Combat Infantryman Badge. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

9. The applicant's WD AGO Form 53-55 does not show the Distinguished Unit Citation as an authorized award.

10. Item 30 (Military Occupational Specialty) on the applicant's WD AGO Form 53-55 shows the entry, "Scout 761." Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

11. There are no orders for the Bronze Star Medal in the available records.

12. The Board notes that the DA Form 1577 (Authorization for Issuance of Awards), dated 1 April 2002, shows that the applicant was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge).

13. Item 32 (Battles and Campaigns) on the applicant's WD AGO Form 53-55 shows he participated in the Ryukyus Campaign and the Southern Philippines Campaign during World War II. However, the Department of the Army Pamphlet 672-1 shows that the 382nd Infantry Regiment of the 96th Infantry Division participated in the Leyte Campaign and the Ryukyus Campaign.

14. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, assault landing credit during World War II. This document shows that the applicant's unit, the 382nd Infantry Regiment of the 96th Infantry Division, received credit for one assault landing at Leyte during the period 20-22 October 1944. This assault landing credit was authorized by War Department General Orders 109-46.

15. A medical record provided by the applicant shows that he was assigned to Company E of the 382nd Infantry Regiment and was hospitalized from 28 April 1945 to 27 June 1945 at the 147th General Hospital.

16. Department of the Army Pamphlet 672-1 shows that Company E, 382nd Infantry Regiment of the 96 Infantry Division was cited for the Distinguished Unit Citation for actions during the period 16 to 19 May 1945. However, the Board notes that the applicant was hospitalized during this time frame.

17. Army Regulation 600-8-22 (Military Awards) also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

18. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

19. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the soldier is assigned. The regulation requires that the unit must be credited with a combat assault in order for the soldiers to receive credit for a combat assault and the soldier must physically exit the aircraft or the watercraft as appropriate. The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.

20. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

CONCLUSIONS:

1. The applicant received the Combat Infantryman Badge during World War II. Therefore, the applicant is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his WD AGO Form 53-55.

2. Evidence of record shows the applicant participated in two battles and campaigns during World War II which are not correctly shown by award of two bronze service stars for wear on his Asiatic-Pacific Campaign Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Asiatic-Pacific Campaign Medal with two bronze service stars and correction of his WD AGO Form 53-55 to show these awards.
3. Department of the Army Pamphlet 672-1 shows that the applicant's unit received credit for one assault landing on Leyte during World War II.

4. The applicant's WD AGO Form 53-55 shows entitlement to one bronze arrowhead affixed to the Asiatic-Pacific Campaign Medal. The Board considered the applicant's contention that he should be credited with a second arrowhead for an assault landing in Okinawa on 1 April 1945. However, the Department of the Army Pamphlet 672-1 does not show that the applicant's unit was credited with an assault landing in Okinawa on 1 April 1945. Therefore, there is no basis for granting the applicant's request for two arrowheads to be affixed to his Asiatic-Pacific Campaign Medal.

5. Medical evidence of record shows the applicant was hospitalized from 28 April 1945 through 27 June 1945. Department of the Army Pamphlet 672-1 shows that the applicant's unit was cited for the Distinguished Unit Citation for actions during the period he was hospitalized. Therefore, the Board determined that there is no basis for granting the applicant's request for award of the Distinguished Unit Citation.

6. Item 32 (Battles and Campaigns) on the applicant's WD AGO Form 53-55 shows he participated in the Ryukyus Campaign and the Southern Philippines Campaign. However, the Department of the Army Pamphlet 672-1 shows that the 382nd Infantry Regiment of the 96th Infantry Division participated in the Leyte Campaign and the Ryukyus Campaign. Therefore, the Board determined that it would be appropriate to correct item 32 on the applicant's WD AGO Form 53-55 to show the Leyte Campaign and the Ryukyus Campaign.

7. 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:

a. by showing that the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the Asiatic-Pacific Campaign Medal with two bronze service stars and one bronze arrowhead on his WD AGO Form 53-55;

b. by deleting the entry, "Southern Philippines GO 33 WD 45" in item
32 (Battles and Campaigns) on his WD AGO Form 53-55; and

c. by adding the entry, "Leyte" in item 32 on his WD AGO Form 53-55.

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

BOARD VOTE:

TAP____ RWA____ JAK____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Thomas A. Pagan_______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002080059
SUFFIX
RECON
DATE BOARDED	20030313
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.