RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2007
	DOCKET NUMBER:  AR20060011770 


	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, that his Separation Document
(WD AGO 53-55) be corrected to show his correct military occupational specialty (MOS) in Item 30 (Military Occupational Specialty and No.) and to show his qualification with the M-1 Rifle and entitlement to the Combat Infantryman Badge (CIB) in Item 31 (Military Qualification and Date).  

2.  The applicant states, in effect, that he is requesting a correction to his 
WD AGO 53-55 to show his correct MOS title in Item 30 and his qualification with the M-1 Rifle and entitlement to the CIB in Item 31.  He states that he believes that Items 1 through 8 of his WD AGO 53-55 justify making these corrections.

3.  The applicant provides the following documents in support of his application:  WD AGO Form 53-55; National Personnel Records Center (NPRC) Letter, dated 
7 November 2005; Department of Veterans Affairs (VA) Letter, dated 
29 September 2005; VA Letter, dated 13 December 1949; Engineering Award Certificate; Self-Authored Letter, dated 30 June 2006; and Photograph.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 1 February 1946.  The application submitted in this case is dated 
7 August 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 NPRC in 1973.  It is believed that his 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 his 
WD AGO Form 53-55, Separation Qualification Record (WD AGO Form 100), and Final Payment Work Sheet (War Department Form 371). 
4.  The applicant’s WD AGO 53-55 confirms he was inducted into the Army of the United States and entered active duty on 22 March 1943.  It shows his branch of service as Infantry and his unit of assignment as Company C, 321st Infantry Regiment.  It also shows that he served in the Pacific Theater of Operations (PTO) in the Philippine Islands, where he arrived on 30 January 1944.  It further confirms he completed a total of 1 year, 7 months, and 15 days of active military service, and that the highest rank he attained while on active duty was private first class (PFC). 

5.  Item 30 (Military Occupation and Specialty Number) of the applicant's 
WD AGO Form 53-55 contains the entry "Welder Combination   256".  Item 31 (Military Qualifications) contains the entry 1st Class Gunner.  Item 32 (Battles and Campaigns) shows he participated in the Western Pacific and Southern Philippine campaigns.  Item 33 (Decorations and Citations) shows he earned the Asiatic-Pacific Campaign Medal, Army Good Conduct Medal, World War II Victory Medal, American Theater Campaign Medal, and the Philippine Liberation Ribbon with 1 bronze service star.  It also confirms he was honorably separated, in the rank of PFC, on 1 February 1946.  

6.  The applicant's WD AGO Form 100 shows he served in MOS 521 (Tank Basic Training) for a period of 4 months, MOS 1736 (Light Tank Gunner) for a period of 12 months, MOS 604 (Machine Gunner) for a period of 14 months, MOS 746 (Ammunition Bearer) for a period of 6 months, and MOS 256 (Welder Electric Arc) for a period of 6 months.  

7.  There are no orders or other documents available to show the applicant qualified with the M-1 Rifle.

8.  A Final Payment Worksheet (WD Form 372A) on file at the NPRC pertaining to the applicant confirms he was receiving combat infantry pay at the time of his separation on 1 February 1946.  Further, during the processing of this case, a member of the Board staff reviewed the historical records of the applicant’s unit (321st Infantry Regiment) in the Philippines.  This search also revealed that during his tenure of assignment in the Philippines, the 321st Infantry Regiment was recognized for its combat role in the invasion and seizure of southern Peleliu during the month of September 1944.   

9.   The applicant provides a photograph of himself in military uniform, on which he was wearing a CIB.  

10.  War Department Circular 186-1944 provided that the 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).

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 3-13 of the awards regulation outlines the criteria for the award of the Bronze Star Medal (BSM).  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.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded.
It confirms that during his tenure of assignment in the PTO, the applicant’s unit (321st Infantry Regiment) earned the Philippine Presidential Unit Citation.  It further confirms the unit received campaign participation credit for the Leyte and Western Pacific campaigns.  However, there is no evidence showing his unit was ever granted occupation credit for award of the Army of Occupational Medal with Japan Clasp.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to award of the CIB was carefully considered and found to have merit.  The evidence includes a WD Form 372A, which confirms he was receiving combat infantry pay at the time of separation.  Further, the evidence of record confirms he held an infantry MOS while assigned to the 327th Infantry Regiment, a qualifying infantry unit.

2.  Unit historical records also confirms the applicant's unit participated and was engaged in active ground combat with enemy forces during the tenure of the applicant's assignment.  It is reasonable to presume he participated in this action. 
Therefore, the regulatory burden of proof necessary to support award of the CIB has been satisfied in this case, and it would appropriate to correct his record to show his entitlement to the CIB. 

3.  By regulation, the BSM is authorized for 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 during World War II and for this purpose the CIB is considered as a citation in orders.  Therefore, based on the applicant's entitlement to the CIB, it would also be appropriate to award him the BSM based on this regulatory criteria.

4.  The applicant's contention that the entry listed in Item 30 of his WD AGO 
53-55 was incorrect was carefully considered and found to have merit.  The evidence of record confirms the applicant's correct MOS at the time of his separation was 256 (Welder Electric ARC).  Therefore it would be appropriate to correct his separation document to reflect this correct MOS title.  

5.  The evidence of record further reveals that based on his service in the PTO, the applicant is entitled to the Philippine Presidential Unit Citation and 3 bronze service stars with his Asiatic-Pacific Theater Campaign Medal.  Therefore, it would be appropriate to add these awards to his record at this time.

6.  The evidence is void of any of any orders or documents showing that the applicant ever qualified with the M-1 Rifle.  There is also no evidence to confirm the applicant's unit was granted occupation credit for Japan.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X _  __X__  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 the Bronze Star Medal (based on award of the CIB);

b.  amending his WD AGO Form 53-55 by deleting the current entry in Item 30 and replacing it with the entry "Welder Electric Arc  256", by adding the Combat Infantryman Badge to Item 31; by amending Item 32 by adding the Leyte campaign; by amending Item 33 by deleting the current list of awards and replacing it with the entry "Bronze Star Medal, Philippine Presidential Unit Citation, Asiatic-Pacific Campaign Medal with 3 bronze service stars, Army Good Conduct Medal, World War II Victory Medal, American Theater Campaign Medal, Philippine Liberation Ribbon with one bronze service star”; and 

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

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to M-1 Rifle qualification and the Army of Occupation Medal with Japan Clasp.




_____X____
          CHAIRPERSON

INDEX

CASE ID
AR20060011770
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/24
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1946/02/01
DISCHARGE AUTHORITY
AR. . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT-PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107
2
100
3.

4.

5.

6.