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ARMY | BCMR | CY2005 | 20050005049C070206
Original file (20050005049C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:  10 January 2006
      DOCKET NUMBER:  AR20050005049


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his WD AGO Form 53-98, Military
Record and Report of Separation – Certificate of Service, be corrected to
add his campaign and to show the correct awards to which he is entitled.

2.  The applicant states, in effect, that his military record and report of
separation shows the entry, "None" for campaigns.  He states he was a
combat platoon leader during the Battle of Okinawa.  His family and
children were told he was a combat platoon leader during the war but his
record indicates this was not true.

3.  The applicant provides, a copy of his WD AGO Form 53-98 and a copy of
his WD AGO Form 66-4, Officer's and Warrant Officer's Qualification Card
Copy, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice that
occurred on 23 October 1946, the date he was separated from the Army.  The
application submitted in this case is dated 11 April 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records and information obtained from
alternate sources.

4.  Records available to the Board show the applicant was inducted into the
Army of the United States on 29 July 1943 as an enlisted Soldier.  The
applicant received training as a Heavy Weapons Crewman and was awarded the
military occupational specialty (MOS) 812 on 12 August 1944.  The applicant
was selected for and attended Infantry Officer Candidate School.  He
successfully
completed this course of training and on 25 January 1945, the applicant was
honorably discharged, for the convenience of the Government, in the rank of
corporal, for the purpose of accepting an appointment as second lieutenant
and active duty in the Army of the United States.

5.  On 26 January 1945, the applicant accepted an appointment as an
infantry second lieutenant in the Army of the United States.  He was
awarded the MOS 1542, Infantry Unit Commander.

6.  On 23 February 1945, the applicant departed from the United States and
served in the Asiatic-Pacific Theater of Operations (APTO).  He was
returned to the United States on 23 August 1946.

7.  The applicant's WD AGO Form 66-4 shows, in Item 15 (Record of Service)
that he was assigned to Company H, 184th Infantry Regiment, as platoon
leader from 13 May 1945 through 19 January 1946.  On 20 January 1946, the
applicant was assigned to Company H, 31st Infantry Regiment, within the 7th
Infantry Division.

8.  Item 26 (Battles and Campaigns), of the applicant's WD AGO Form 53-98,
shows the entry, "None.

9.  The applicant's WD AGO Form 66-4 shows, in Item 31 (Remarks), he was
awarded the Combat Infantryman Badge; a "bronze battle star," for the
Ryukyu Campaign; the World War II Victory Ribbon; the American Theater
Ribbon; the Asiatic-Pacific Theater Ribbon; the Army Commendation Ribbon;
and the Army of Occupation Medal.

10.  Item 29 (Decorations and Citations), of the FSM's WD AGO Form 53-98,
shows that the applicant was awarded the Army Commendation Medal, the
American Theater Ribbon [now known correctly as the American Campaign
Medal], the Victory Medal [correctly known as the World War II Victory
Medal], the Occupation Ribbon Korea [which correctly should have been
entered as the Army of Occupation Medal, with Japan Clasp], and three
overseas service bars.  All the applicant's awards were not transcribed
to his WD AGO Form 53-98.

11.  On 4 August 1987, a DA Form 1577, Authorization for Issuance of
Awards, prepared by the Army Reserve Personnel Center, St. Louis, Missouri,
was issued to the applicant in response to his request for the medals that
he was entitled to for his service.  The applicant was authorized issuance
of the Bronze Star Medal,
based on his being awarded the Combat Infantryman Badge during his World
War II service; the American Campaign Medal; the Asiatic-Pacific Campaign
Medal, with one bronze service star; the World War II Victory Medal; the
Army of Occupation Medal, with Japan Clasp; the Combat Infantryman Badge;
the Honorable Service Lapel Button World War II; the Marksman Marksmanship
Qualification Badge, with Rifle Bar; the Army Commendation Medal; and the
Good Conduct Medal.

12.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and
Campaign Participation Credit Register, shows that the applicant's unit,
the 184th Infantry Regiment, 7th Infantry Division, was awarded the
Philippines Republic Presidential Unit Citation, for the period 17
October 1944 through 4 July 1945, by Department of the Army General
Orders Number 47, dated 1950.  This unit citation is not shown on the
applicant's WD AGO Form 53-98.

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

14.  AR 670-1, chapter 29, prescribes policy and guidance for wear of
U.S. and foreign unit awards.  This regulation states that a soldier may
wear the unit award permanently if the individual was assigned to, and
present for duty with the unit any time during the period cited; or was
attached by competent orders to, and present for duty with the unit
during the entire period, or for at least 30 consecutive days of the
period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that not all the applicant's awards and decorations
were transposed from his WD AGO Form 66-4 to his WD AGO Form 53-98 on his
separation from the Army on 23 October 1946.

2.  The applicant's WD AGO Form 53-98 currently shows he was awarded the
Army Commendation Medal, the American Theater Ribbon [now known correctly
as the American Campaign Medal], the Victory Medal [correctly known as the
World War II Victory Medal], the Occupation Ribbon Korea [which correctly
should have been entered as the Army of Occupation Medal, with Japan
Clasp], and three overseas service bars.
3.  The evidence also shows he was awarded the Combat Infantryman Badge and
the Asiatic-Pacific Campaign Medal, with one bronze service star.  The
bronze service star to denote his participation in the Ryukyu Campaign of
World War II; but, these awards were not transposed to the applicant's WD
AGO Form 53-98 on his separation from the Army.  He is entitled to have
these added to his WD AGO Form 53-98 at this time.

4.  The 1987 review of the applicant's service records and service history
also showed that he was entitled to, in addition to his other awards, award
of the Bronze Star Medal, based on award of the Combat Infantryman Badge,
and the Good Conduct Medal.

5.  This current review of his records and military service has revealed
that he is entitled to award of the Philippine Republic Presidential Unit
Citation and to have this award added to his WD AGO Form 53-98.

BOARD VOTE:

__KLW__  __DED__  __QAS___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  deleting the Victory Medal, the Commendation Ribbon and the
Occupation Ribbon Korrea (sic) from the applicant's WD AGO Form 53-98;

      b.  adding the Bronze Star Medal; the Army Commendation Medal; the
Good Conduct Medal; the World War II Victory Medal; the Army of Occupation
Medal, with Japan Clasp; the Combat Infantryman Badge; and the Asiatic-
Pacific Campaign Medal, with one bronze service star;

      c.  awarding the applicant the Philippine Republic Presidential Unit
Citation and adding this unit award to his WD AGO Form 53-98; and

      d.  deleting the word, "None" from item 26 of the applicant's WD AGO
Form 53-98 and entering, "Ryukyu," thus giving the applicant credit for his
participation in this campaign of World War II.




                            ___Kenneth L. Wright_____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005049                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006.01.10                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  1021                |100.0000                                |
|3.  189                 |110.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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