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ARMY | BCMR | CY2003 | 2003087700C070212
Original file (2003087700C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 November 2003
         DOCKET NUMBER: AR2003087700


         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. Richard P. Nelson Analyst


The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. Raymond J. Wagner Member
Ms. Mae M. Bullock 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 WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) be corrected to show award of the Presidential Unit Citation. He further requests that his records be reviewed to determine the number of bronze service stars he is entitled to wear and makes the comment, “My Report of Separation reflects three bronze stars. Should there be four? Please confirm and advise.”

3. The applicant states that the Presidential Unit Citation is missing from his report of separation.

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. The available records show that the applicant was inducted on 25 September 1944. He served as an infantryman while assigned to the 128th Infantry Regiment, 32d Infantry Division, in the Asiatic- Pacific Theater of Operations. The records show that he participated in two campaigns during the period 16 March 1945 to 6 September 1946, when he returned to the United States and was honorably separated from active duty on 30 November 1946. At the time of his separation, his records show that he was serving as an Administrative Noncommissioned Officer in Military Occupational Specialty 502.

5. The applicant’s WD AGO Form 53-55, shows that he was awarded the following decorations: Purple Heart (for wounds incurred on 22 May 1945 while assigned to the 128th Infantry Regiment); Combat Infantryman Badge; Good Conduct Medal; Asiatic-Pacific Campaign Medal with two bronze service stars; Philippine Liberation Ribbon with one bronze service star; Army of Occupation Medal with Japan clasp; World War II Victory Medal; Honorable Service Lapel Button; and three overseas service bars.

6. 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. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 1st Battalion, 128th Infantry Regiment was cited for award of the Distinguished Unit Citation for the period 23 March to 30 May 1945 by War Department General Order 70-46. The pamphlet further indicates that the 3rd Battalion, 128th Infantry Regiment was cited for award of the Distinguished Unit Citation for the period 24 March to 31 May 1945 by War Department General Order 121-46.

7. 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.

8. Army Regulation 600-8-22 provides, in pertinent part, that the Philippine Republic Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States 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, inclusive. Not more than one Philippine Republic Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 128th Infantry Regiment was awarded the Philippine Republic Presidential Unit Citation by Department of the Army General Order Number
47-50.

CONCLUSIONS:

1. While there are no records available to verify with certainty the battalion the applicant was assigned to during this period, the Board noted that that applicant was awarded the Combat Infantryman Badge and the Purple Heart while assigned to the 128th Infantry Regiment. Award of both these decorations clearly indicates that he was involved in active ground combat and most likely was assigned to one of the two battalions awarded the Distinguished Unit Citation. As such, the Board determined that his records should be corrected to show this unit award.

2. Evidence of record indicates the applicant’s entitlement to the Bronze Star Medal, as a result of award of the Combat Infantryman Badge, and determined that his records should be corrected to show this decoration.

3. General Orders show that the applicant’s unit was awarded the Philippine Republic Presidential Unit Citation. As such, the Board determined that his records should be corrected to show this foreign unit award.

4. There is no indication that the applicant served in additional campaigns other that those shown on his WD AGO Form 53-55. Therefore, the Board determined that there is insufficient evidence upon which to base award of additional bronze service stars.

5. 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 that the individual concerned was awarded:

         a. the Distinguished Unit Citation;

         b. the Bronze Star Medal; and

         c. the Philippine Republic Presidential Unit Citation.

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

BOARD VOTE:

___sk___ ____mmb ____rjw__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Stanley Kelley____________
                  CHAIRPERSON




INDEX

CASE ID AR2003087700
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031106
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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