RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060011362 


	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.


X
	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, award of the Bronze Star Medal (BSM) and a bronze arrowhead with his Asiatic-Pacific Campaign Medal.

2.  The applicant states, in effect, that he was awarded the BSM and bronze arrowhead with his Asiatic-Pacific Service Medal, based on assault landing credit for Angaur Island, but that these awards were not listed on his separation document (WD AGO Form 53-55).  He requests that his WD AGO Form 53-55 be corrected to show these awards.

3.  The applicant provides his WD AGO Form 53-55 and Honorable Discharge Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 18 February 1946.  The application submitted in this case is dated 29 July 2006.

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 are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the
National Personnel Records Center (NPRC) 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.  This case is being considered using reconstructed records that primarily consist of the applicant’s WD AGO Form 53-55 and Final Payment Worksheet (WD Form 372).  


4.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty 11 August 1943.  It also shows he was in the Infantry branch and that he held and served in military occupational specialty (MOS) 745 (Squad Leader).  The separation document further shows he held the rank of corporal on the date of his separation, and that this is the highest rank he attained while serving on active duty.  It further shows he served in the Pacific Theater of Operations (PTO) from 4 July through 30 January 1946; and that he was assigned to Headquarters Company, 322nd Infantry Regiment, 81st Infantry Division, and participated in the New Guinea and Southern Philippines campaigns of World War II.  

5.  Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55 shows that he was awarded the Expert Marksmanship Qualification Bade with Rifle 
(M-1) Bar.  Item 33 (Decorations and Citations) shows that during his active duty tenure, he earned the Asiatic-Pacific Campaign Medal, Army Good Conduct Medal; Philippines Liberation Ribbon; and World War II Victory Medal.  Finally, it confirms the applicant was honorably separated on 18 February 1946, after completing a total of 2 years, 6 months, and 28 days of active military service.  

6.  A Final Payment Worksheet (WD Form 372A) pertaining to the applicant on file at the NPRC shows he was receiving combat infantry pay.

7.  War Department Circular 186-1944 provided that the Combat Infantryman Badge (CIB) was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat 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 Military Awards Branch of the U.S. Army Human Resources Command, (USAHRC) has advised in similar cases that, during World War II, the CIB was normally awarded only to enlisted individuals who served in the following positions: Light machine gunner (604); Heavy machine gunner (605); Platoon sergeant (651); Squad leader (653); Rifleman (745); Automatic rifleman (746); Heavy weapons NCO (812); and Gun crewman (864).

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders. 
9.  Paragraph 6-9 of the awards regulation contains guidance on the bronze arrowhead.  It states, in pertinent part, that it is authorized with the Asiatic-Pacific Campaign Medal to denote participation in an assault landing.

10.  Department of the Army (DA) Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This source confirms that during his tenure of assignment, the applicant’s unit (Headquarters Company 322nd Infantry Regiment, 81st Infantry Division) earned the Army Occupational Medal with Japan Clasp and Philippine Presidential Unit Citation.  It also shows his unit received credit for participating in the following World War II campaigns:  Leyte, Western Pacific, New Guinea, and Southern Philippines, and assault landing credit was granted for Angaur Island on 17 September 1944. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant served in an infantry MOS, in a qualifying unit during his World War II service, and that he actively engaged in ground combat with this unit during the assault landing at Angaur Island.  

2.  In addition, the applicant's Final Payment Worksheet (WD Form 372A) confirms he was receiving combat infantry pay at the time of his separation.  Therefore, he is entitled to the CIB.  In addition, by regulation, the BSM is authorized to those members who earned the CIB during World War II.  Thus, he is also entitled to the BSM for his exemplary conduct in ground combat against an armed enemy during World War II in the PTO from 4 July 1944 through 
2 September 1945.  As a result, it would be appropriate to award him the CIB and BSM and to add these awards to his separation document.  

3.  The evidence also shows that based on his World War II service and campaign participation in the PTO, the applicant is also entitled to the Philippine Republic Presidential Unit Citation, Army of Occupation Medal with Japan Clasp, and 4 bronze service stars and a bronze arrowhead with his Asiatic-Pacific Campaign Medal.  


BOARD VOTE:

___X_  __X __  __X_  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.  awarding him the Combat Infantryman Badge and Bronze Star Medal, for his exemplary conduct in ground combat against an armed enemy while serving in the Pacific Theater of Operations;  

b.  showing that based on his service and the campaign and assault landing participation in the Pacific Theater of Operations, he is entitled to the Philippine Republic Presidential Unit Citation, Army of Occupation Medal with Japan Clasp, and 4 bronze service stars and a bronze arrowhead with his Asiatic-Pacific Campaign Medal; 

c.  amending 18 February 1946 WD AGO Form 53-55 by adding the Combat Infantryman Badge to Item 31; by adding Leyte and Western Pacific to the list of campaigns in Item 32; by deleting the current list of awards in Item 33 and replacing it with the entry "Bronze Star Medal, Army Good Conduct Medal, Asiatic-Pacific Campaign Medal with 4 bronze service stars and bronze arrowhead, World War II Victory Medal, Philippine Liberation Medal, and Philippine Republic Presidential Unit Citation;" and

d.  providing him a correction to his separation document that includes these changes. 




				_____X_____
CHAIRPERSON


INDEX

CASE ID
AR20060011362
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/03/01
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1946/02/18
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT-Plus
REVIEW AUTHORITY
Mr. Swartz
ISSUES         1.
107
2.

3.

4.

5.

6.