RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 September 2007
	DOCKET NUMBER:  AR20070005788 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Richard Dunbar

Chairperson

Mr. Chester Damian

Member

Mr. Edward Montgomery

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 record be corrected to show award of meritorious unit commendations, valorous unit awards, and any other unit awards given to his unit during World War II.

2.  The applicant states, in effect, that his discharge document does not reflect the unit awards his unit received during World War II.  He states that he is aware of at least 4-5 citations his unit was awarded while he was a member.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with his date of discharge 24 October 1945, a copy of his honorable discharge certificate, and a webpage unit history of the 43rd Infantry Division.  The one-page history synopsis of the 43rd Infantry Division shows it was awarded five (5) distinguished unit citations.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  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.

3.  The applicant provided a copy of his WD AGO Form 53-55, effective 24 October 1945, the date of his discharge from the Army of the United States.  It shows that he completed 3 years, 8 months, and 9 days of net service during this period of enlistment.  It also shows that he served in the Asiatic-Pacific 
Theater of Operations during World War II from 1 October 1942 to 21 September 1945.  He was an infantryman serving as a Squad Leader with the Anti-Tank Company, 169th Infantry Regiment, 43rd Infantry Division.

4.  The applicant's WD AGO 53-55 shows the following entries per line item number:

	a.  Item 31 (Military Qualification and Date) shows award of the Combat Infantryman Badge (CIB) on 7 February 1944.

	b.  Item 32 (Battles and Campaigns) shows the entries Guadalcanal, New Guinea, South Philippine Island (Liberation), and Luzon per General Orders Number 33 and War Department Orders Number 45. 

	c.  Item 33 (Decorations and Citations) does not show award of the Meritorious Unit Commendation or the Valorous Unit Award as authorized awards.  This separation document does show award of the Purple Heart, the Asiatic-Pacific Theater Campaign Medal with 4 Bronze Stars, and the Good Conduct Medal.

	d.  Item 36 (Service Outside Continental United States and Return) shows the entries Date of Departure "1 October 1942" and Date of Arrival as "22 October 1942" in AP [otherwise known as Asian-Pacific Theater of Operations].  The applicant's departure from AP is unknown, but his Date of Arrival back in the United States was "21 September 1945."

5.  Army Regulation 600-8-22 (Military Awards) 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. 

6.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states that the Meritorious Unit Commendation (formerly known as the Meritorious Service Unit Plaque until 1 March 1961) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous 
months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Service in a combat zone is not required, but must be directly related to the combat effort.  The unit must display such outstanding 

devotion and superior performance of exceptionally difficult tasks as to set it apart and above other units with similar missions.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual. Only in rare cases will a unit larger than a battalion qualify for award of this decoration.  For services performed during World War II, awards will be made only to service units and only for services performed between 1 January 1944 and 
15 September 1946.

7.  Department of the Army Pamphlet (DA Pam) 672-1 (Unit Citation and Campaign Participation Credit Register) dated 4 June 1962 shows the following unit awards for various units within the 169th Infantry Regiment, 43rd Infantry Division, during World War II.

	a.  1st Battalion, 169th Infantry Regiment, 43rd Infantry Division, was awarded the Distinguished Unit Citation per War Department General Order (WD GO) 8, dated 1946, for the period of service from 15 January 1945 to 17 January 1945.

	b.  3rd Battalion, 169th Infantry Regiment, 43rd Infantry Division, was awarded the Distinguished Unit Citation per WD GO 13, dated 1946, for actions on 20 January 1945.

	c.  Medical Detachment (only), 169th Infantry Regiment, 43rd Infantry Division, was awarded the Meritorious Unit Commendation per General Order (GO) 414, dated 3 July 1945, published by Headquarters, 43rd Infantry Division.

	d.  Services Company (only), 169th Infantry Regiment, 43rd Infantry Division, was awarded the Meritorious Unit Commendation per GO 803, dated 30 September 1945, published by Headquarters, 43rd Infantry Division for service during the period 9 January 1945 to 30 April 1945.

	e.  The foreign unit decoration, Philippine Presidential Unit Citation, was awarded to the 169th Infantry Regiment, 43rd Infantry Division, for two periods of service, from 4 December 1941 to 10 May 1942 and from 14 October 1944 to 4 July 1945.  The award was confirmed in Department of the Army GO 47, dated 1950.

8.  DA Pam 672-1 does not show any awards of the Valorous Unit Award to any unit within the 169th Infantry Regiment, 43rd Infantry Division. 



9.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his WD AGO 53-55.

10.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 9-15, 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.  An individual will be considered as having participated in such operations if he landed on Leyte or adjoining islands, was on a ship in Philippine waters, or was a crewmember of an airplane which flew over Philippine territory during the period; (2) participated in any engagement against the enemy during the campaign on Leyte and adjoining islands.  An individual will be considered as having participated in combat if he meets any of the conditions set forth in paragraph 9-14a(2) through (4); (3) participated in any engagement against the enemy on islands other than those included in (2) above.  An individual will be considered as having participated in combat if he or she meets any of the conditions set forth in paragraph 9-14a(2) through (4); or (4) served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period.  An individual who meets more than one of the conditions set forth in a above is authorized to wear a bronze service star on the ribbon for each additional condition under which he or she qualified other than that under which he or she is eligible for the initial award of the ribbon. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to have his records corrected to show award of meritorious unit commendations and valorous unit awards based on his record of service in the Pacific and per a one-page webpage synopsis of the history of the 43rd Infantry Division.  A careful review of the applicant’s 


available service records do not reflect he was assigned to any of the five units awarded either the Presidential Unit Citation (formerly known as the Distinguished Unit Citation) or the Meritorious Unit Commendation per DA Pam 672-1.  Records show the applicant was assigned to the Anti-Tank Company with no specified battalion affiliation; nor are the specific assignment dates available to determine his periods of service in any of the 3 battalions cited in the pamphlet.  Therefore, there is insufficient evidence to support correcting the record to show these unit awards.

2.  A review of the applicant's available records and Army Regulation 600-8-22 show he is entitled to the following awards for his service in the Philippines.

	a.  The Bronze Star Medal is awarded to individuals who were authorized the CIB badge for service during World War II.  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.  The applicant was awarded the CIB; therefore, he is entitled to award of the Bronze Star Medal.

	b.  Philippine Liberation Ribbon is awarded for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945.  The applicant served in the South Philippine Islands for more than 30 days during this period.  Records show he served for 2 years, 11 months, and 21 days in the Asiatic-Pacific Theater of Operations and participated in the liberation of the South Philippine Islands.  Therefore, he is entitled to award of the Philippine Liberation Ribbon.

	c.  Records show the Philippine Presidential Unit Citation was awarded to the 169th Infantry Regiment, 43rd Infantry Division, for two periods of service; from 4 December 1941 to 10 May 1942 and from 14 October 1944 to 4 July 1945.  The award was confirmed in Department of the Army GO 47, dated 1950.  The applicant served in the Philippines during the second period of the unit award eligibility phases; therefore, he is entitled to have his records corrected to show award of the Philippine Presidential Unit Citation.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___RD __  __CD ___  __EM___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO 53-55 to show award of the following decorations:

	a.  Bronze Star Medal based on award of the Combat Infantryman Badge;

	b.  Philippine Presidential Unit Citation; and  

	c.  Phillippine Liberation Ribbon.

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 award of the Distinguished Unit Citation and the Meritorious Unit Commendation.  




_____Richard Dunbar________
          CHAIRPERSON




INDEX

CASE ID
AR20070005788
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070927
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.