RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 January 2008
DOCKET NUMBER: AR20070009728
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Ann M. Campbell
Chairperson
Mr. Dean A. Camarella
Member
Mr. Rodney E. Barber
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, correction of his Certificate of Service (WD AGO 53-98) to show award of the Bronze Star Medal for his service in the Philippine Islands during World War II.
2. The applicant states, in effect, that the award was issued to him after his discharge and was never recorded on his WD AGO 53-98.
3. The applicant provides a copy of his correspondence with the National Personnel Records Center showing his authorization to several awards. However, there is no evidence showing that he was awarded the Bronze Star Medal.
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 applicants 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 applicants 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 for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. The applicant's WD AGO Form 53-98 shows that he entered into the Army of the United States on 18 February 1943. He served in the Pacific Theater of Operations with the 11th Airborne Division from 1 June 1944 to 21 December 1945. He was a battery commander and participated in the following four campaign periods: Philippine Islands, New Guinea, Southern Philippines, and Luzon. He was returned to the United States on 5 January 1946 and separated from active duty on 14 March 1946. He had attained the rank of captain and had completed 3 years and 21 days of creditable active service.
4. The applicants WD AGO 53-98 also lists his awards as the American Theater Service Medal, Asiatic Pacific Service Medal, Philippines Liberation Medal, World War II Victory Medal, and the Purple Heart. It does not show award of the Bronze Star Medal.
5. A search of the National Archives, College Park, Maryland, produced a copy of General Orders Number 186, 11th Airborne Division, dated 18 December 1945, awarding the applicant the Bronze Star Medal for meritorious achievement in connection with military operation against the enemy on Leyte, Philippine Islands from 2 to 31 December 1944.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the wear of a bronze service star on the Asiatic-Pacific Campaign Medal for participation in each campaign period.
DISCUSSION AND CONCLUSIONS:
1. General orders clearly show that the applicant was awarded the Bronze Star Medal for his meritorious service in the Pacific Theater of Operations in 1944. Therefore, his WD AGO 53-98 should be corrected to show this award.
2. The available evidence clearly shows that the applicant participated in four campaign periods during his tour in the Asiatic-Pacific Theater of Operations. Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Asiatic Pacific Campaign Medal.
BOARD VOTE:
__AMC _ __REB __ __DAC__ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his WD AGO Form
53-98, his authorized awards include the Bronze Star Medal and four bronze service stars to be affixed to already-awarded Asiatic-Pacific Campaign Medal.
__ Ann M. Campbell_____
CHAIRPERSON
INDEX
CASE ID
AR20070009728
SUFFIX
RECON
DATE BOARDED
20080103
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0014
2.
3.
4.
5.
6.
ARMY | BCMR | CY2011 | 20110021507
The evidence of record confirms the applicant served in the Philippines for 49 months and participated in the Philippine Islands (Defense) campaign of WWII. The evidence further shows that based on his service and campaign participation in the PTO in the Philippine Islands, the FSM is also eligible for the Philippine Liberation Ribbon, Philippine Independence Ribbon, and 1 bronze service star to be affixed to the already-awarded Asiatic-Pacific Campaign Medal. As a result, the Board...
ARMY | BCMR | CY2014 | 20140012152
The applicant's records are not available to the Board for review. Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Bronze Star Medal for the period from 11 July 1943 to on or about 1 September 1945 based on award of the Combat Infantryman...
ARMY | BCMR | CY2008 | 20080017260
The majority of the applicants military records are not available for review. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Bronze Star Medal based upon his award of the Combat...
ARMY | BCMR | CY2001 | 2001060062C070421
The applicant requests that his Report of Separation, WD AGO Form 53-55, item 40 be corrected to show his separation year as 1945 and that the American Campaign Medal, the Asiatic-Pacific Campaign Medal with three bronze service stars, and the World War II Victory Medal be added to item 33. The available evidence of record shows that the applicant did not meet the eligibility criteria for award of the American Campaign Medal. That the applicant’s WD AGO Form 53-55, item 32 be amended to...
ARMY | BCMR | CY2002 | 2002067667C070402
The applicant states that he was not given credit on his discharge document for the Guadalcanal and the New Guinea campaigns. Evidence of record shows the applicant served a period of qualifying service for award of the World War II Victory Medal and the American Campaign Medal; therefore, he is entitled to correction of his records to show these awards. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.
ARMY | BCMR | CY2008 | 20080003069
Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards, campaign, and assault credits received by units serving during World War II. By letter dated 9 June 2005, the National Personnel Records Center informed the applicant he would be sent a number of awards; however, a bronze service star for the Philippine Liberation Ribbon was not listed as one of those awards/appurtenances. Based on the authorized campaigns of New Guinea,...
ARMY | BCMR | CY2014 | 20140007767
The applicant states he was assigned to the Americal Division the entire time he was overseas and he came home with the 27th Division and he served in the Pacific Theater of Operations (PTO) in the Philippines, the Solomon Islands, and Japan. Unfortunately, there was insufficient evidence remaining in his record and he did not provide sufficient documentary evidence to show he was assigned to the Americal Division immediately prior to his transfer to the separation activity listed on his WD...
ARMY | BCMR | CY2013 | 20130003148
The applicant, the son of the deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service) to show he served in the Asiatic-Pacific Theater of Operations (APTO) with campaign participation credit. Records also show the FSM was awarded the Asiatic-Pacific Campaign Medal. The evidence of record further shows a BSM certificate was issued on 20 November 2000 that awarded the FSM the BSM for...
ARMY | BCMR | CY2008 | 20080014348
The applicant requests, in effect, that he be awarded the Bronze Star Medal, and that his military records be corrected to show: a. four bronze service stars to be affixed to his already awarded Asiatic-Pacific Campaign Medal with Bronze Arrowhead; and b. that he participated in five amphibious assault landings. The applicant provided a document which he stated shows the awards and decorations awarded to his war buddy, which included the Bronze Star Medal. While there is insufficient basis...
ARMY | BCMR | CY2004 | 20040007991C070208
The applicant’s military records are not available to the Board for review. As a result, the Board recommends that the WD AGO Form 53-55 of the individual concerned be corrected by showing he is authorized the Asiatic- Pacific Campaign Medal with three bronze service stars and one arrowhead; the Philippine Liberation Ribbon with one bronze service star; and the Bronze Star Medal (based upon award of the Combat Infantryman Badge). The Board further determined that the evidence presented...