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ARMY | BCMR | CY2005 | 20050007410C070206
Original file (20050007410C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          12 January 2006
      DOCKET NUMBER:  AR20050007410


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 reconsideration of an earlier request to correct
his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he
entered the Army on 4 April 1944 and award of the Purple Heart, the
Philippine Liberation Ribbon, the Korean Service Medal, and the Combat
Infantryman Badge.

2.  The applicant states he entered active duty on 4 April 1944, not on 4
April 1945.  He states he carried his military records on board the ship to
Inchon, Korea.  He contends that when he was paid in Fort Lewis,
Washington, he was told to sign the discharge paper and the rest would be
taken care of and sent to his home.  His discharge paper was mailed
sometime later to his mother who kept it until he returned from Germany.
He points out that the Army Board for Correction of Military Records
(ABCMR) Proceedings indicate that he was hospitalized in Louisiana;
however, he states he has never been in the state of Louisiana.  He
contends that the troops on guard duty in Inchon, both on trains and at the
field basin, were 7th Infantry guards and were housed in his barracks. He
also states that if the attack on Baguia on the Island of Luzon would have
lasted a few more days, he would have been sent to the front with the 33rd
Division, but hostilities ended sooner and he was shipped to Korea with the
24th Corps, 8th Army.

3.  The applicant provides a letter of support, dated 29 January 2005.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
ABCMR in Docket Number AR2004100947, on 21 September 2004.

2.  The applicant provides a letter of support, dated 29 January 2005, from
a friend.  He attests that he attended high school with the applicant and
remembers very clearly that the applicant entered federal service on 4
April 1944 with the Army.

3.  The applicant's submission is new evidence which will be considered by
the Board.

4.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

5.  The applicant's induction record is not available.  His WD AGO Form 53-
55 shows he was inducted on 4 April 1945.  Item 30 (Military Occupational
Specialty and Number) on his WD AGO Form 53-55 shows the entry, "YARDMASTER
058."  He served in the Asiatic-Pacific Theater of Operations from 8
November 1945 through 26 November 1946 and was honorably discharged on 1
January 1947.

6.  The applicant's WD AGO Form 53-55 shows the Army of Occupation Medal
with Japan Clasp, the World War II Victory Medal, and the Asiatic-Pacific
Campaign Medal as authorized awards.  Item 34 on the applicant’s WD AGO
Form 53-55 shows the entry, “NONE.”

7.  There is no evidence in the available records that shows the applicant
was awarded the Purple Heart or was wounded as a result of hostile action
during World War II.

8.  Hospital admission records prepared by the Office of The Surgeon
General show the applicant was hospitalized in July 1945 in the United
States (Louisiana or Arkansas) for stomatitis.

9.  There is no evidence of record which shows the applicant served in the
Philippines during the period 17 October 1944 to 3 September 1945.

10.  There are no orders for the Combat Infantryman Badge in the available
records.  The applicant's War Department Form 372A (Final Payment - Work
Sheet) shows he did not receive combat infantry pay.

11.  The applicant enlisted on 13 April 1949.  Item 5
(Qualifications/Specialty Number or Symbol) on his DD Form 214 (Report of
Separation from the Armed Forces of the United States) shows the entry,
"1783" [chief transportation movement control specialist].  On 24 June
1953, the applicant was honorably discharged.

12.  The applicant's DD Form 214 shows the World War II Victory Medal, the
Army of Occupation Medal with Germany Clasp, and the Asiatic-Pacific
Campaign Medal as authorized awards.

13.  There is no evidence of record which shows the applicant served in
Korea during the period 27 June 1950 to 27 July 1954.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that
the wound was the result of hostile action, the wound must have required
treatment, and the medical treatment must have been made a matter of
official record.

15.  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; (2) participated in any
engagement against the enemy during the campaign on Leyte and adjoining
islands; (3) participated in any engagement against the enemy on islands
other than those included above; or (4) served in the Philippine Islands or
on ships in Philippine waters for not less than 30 days during the period.


16.  War Department Circular 269-1943 established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide an
incentive to infantrymen.  The Expert Infantryman Badge was to be awarded
for attainment of certain proficiency standards or by satisfactory
performance of duty in action against the enemy.  The Combat Infantryman
Badge was awarded for exemplary conduct in action against the enemy.  War
Department Circular 186-1944 further provided that the Combat Infantryman
Badge was to be awarded only to infantrymen serving with infantry units of
brigade, regimental or smaller size.  Additionally, World War II holders of
the Combat Infantryman Badge received a monthly pay supplement known as
combat infantry pay and holders of the Expert Infantryman Badge were
entitled to expert infantry pay.  Therefore, soldiers had economic as well
as intangible reasons to ensure that their records were correct. Thus, pay
records are frequently the best available source to verify entitlement to
this award.  The Awards Branch, Total Army Personnel Command, has advised
in similar cases that, during World War II, the Combat Infantryman Badge
was normally awarded only to enlisted individuals who served in the
following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
    f.   Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

17.  Army Regulation 600-8-22 provides for award of the Korean Service
Medal.  In pertinent part, the regulation states that the Korean Service
Medal is awarded
for qualifying service in the theater of operations between 27 June 1950
and
27 July 1954.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he entered active duty on 4 April
1944, his WD AGO Form 53-55 shows he was inducted on 4 April 1945.  In the
absence of his induction record or service record which he might be able to
obtain from his local Selective Service board, the letter of support
provided by the applicant is not sufficient as a basis for amending his WD
AGO Form 53-55 to show he was inducted on 4 April 1944.

2.  There is no evidence in the available records which shows the applicant
was wounded or injured as a result of hostile action during World War II.
Regrettably, there is insufficient evidence on which to award the Purple
Heart in this case.

3.  There is no evidence of record which shows the applicant performed
service in the liberation of the Philippines from 17 October 1944 to 3
September 1945.  Therefore, there is insufficient evidence on which to base
award of the Philippine Liberation Ribbon.

4.  There is no evidence of record which shows the applicant served in
Korea during the period 27 June 1950 and 27 July 1954.  Therefore, there is
insufficient evidence on which to base award of the Korean Service Medal.

5.  There is no evidence of record which shows he performed exemplary
conduct in action against the enemy or served with an infantry unit of
brigade, regimental or smaller size during World War II.  His pay records
do not show that he received combat infantry pay during World War II.
Therefore, there is insufficient evidence on which to base award of the
Combat Infantryman Badge in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

LS____  _RB_____  _RN_______  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2004100947, dated 21 September 2004.




            ____Linda Simmons________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007410                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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