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ARMY | BCMR | CY2002 | 2002082394C070215
Original file (2002082394C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 June 2003
         DOCKET NUMBER: AR2002082394


         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:

Ms. Joann Langston Chairperson
Ms. Jennifer L. Prater Member
Mr. Paul M. 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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he served in battles at Luzon and Leyte.

3. The applicant states that his discharge document only shows the battle of Luzon. He states that he arrived at Leyte on 26 February 1945. In support of his application, he submitted a copy of his WD AGO Form 53-55 and his itinerary during World War II.

4. The applicant's military records have been lost or destroyed. This case is being considered using reconstructed records which primarily consist of the applicant's WD AGO Form 53-55, his WD AGO Form 100 (Separation Qualification Record), and a portion of his Clinical Record.

5. The applicant's reconstructed records show he entered active duty on 4 August 1944. He completed infantry training and served in the Asiatic-Pacific Theater of Operations from 26 February 1945 through 8 August 1946. The applicant was honorably discharged from active duty on 25 August 1946.

6. Item 32 (Battles and Campaigns) on the applicant's WD AGO Form 53-55 shows the Luzon campaign. Item 6 (Organization) shows his organization as Antitank Company, 35th Infantry. Item 31 (Military Qualification and Date) shows he was awarded the Combat Infantryman Badge.

7. 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 does not indicate that the applicant's unit, the Antitank Company, 35th Infantry, received campaign participation credit for Leyte.

8. Department of the Army Pamphlet 672-1 shows the applicant's unit, the Antitank Company, 35th Infantry, was cited for award of the Philippine Presidential Unit Citation based on Department of the Army General Order Number 47, dated 1950.

9. Army Regulation 600-8-22 (Military Awards) 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. This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1. The Board considered the applicant's contention that he served in Luzon and Leyte.

2. The applicant's WD AGO Form 53-55 shows he received credit for participation in the Luzon campaign during World War II.

3. The Board noted that the Department of the Army Pamphlet 672-1 does not show that the unit to which the applicant was assigned in the Asiatic-Pacific Theater of Operations was cited for campaign credit for participation in Leyte. Therefore, there is no basis for correcting his discharge document to show the Leyte campaign.

4. The applicant was awarded the Combat Infantryman Badge during World War II. Therefore, he is entitled to correction of his records to show the Bronze Star Medal based on award of the Combat Infantryman Badge.

5. While the applicant was assigned to the Antitank Company, 35th Infantry, it was cited for award of the Philippine Presidential Unit Citation. Therefore, his records will be corrected to show this unit award.

6. 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 the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the Philippine Presidential Unit Citation.








2. That so much of the application as it relates to correction of his records to show the Leyte campaign be denied.

BOARD VOTE:

JL_____ JLP_____ PMS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann Langston________
                  CHAIRPERSON




INDEX

CASE ID AR2002082394
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030603
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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