RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 December 2007
	DOCKET NUMBER:  AR20070010945 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Michael J. Flynn

Member

Ms. Sherry J. Stone

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 correction of his records to show award of the Expert Infantryman Badge, the Combat Infantryman Badge, the Army of Occupation Medal with Japan Clasp, the Bronze Star Medal, and campaign participation credit for Ulithi Atoll (in the Caroline Islands of Micronesia), Peleliu (in the island nation of Palau), and the Philippines Islands. 

2.  The applicant states, in effect, he is entitled to the requested awards.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a copy of his WD AGO Form 100 (Separation Qualification Record); and a copy of DA Form 1577 (Authorization for Issuance of Awards), in support of his application. 

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 complete military records are not available 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, those remaining documents, together with the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted in the Army of the United States on 22 July 1943 and entered active duty on 12 August 1943, at Fort Leavenworth, Kansas, in military occupational specialty (MOS) 677 (Military Policeman).  


4.  The applicant's WD AGO Form 53-55 also shows he served in the Asiatic- Pacific Theater during the period 8 July 1944 through 16 January 1946 and that he completed 11 months and 20 days of continental service and 1 year, 6 months, and 26 days of foreign service.  He was honorably separated on 7 February 1946.

5.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form  53-55 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine).  Item 31 does not list award of the Combat Infantryman Badge. 

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Purple Heart, the Philippines Liberation Ribbon with Star, and the Good Conduct Medal.  Item 33 does not show award of the Bronze Star.

7.  There are no general orders in the applicant's records to show he was awarded the Expert Infantryman Badge, the Combat Infantryman Badge, or the Bronzer Star.

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "Asiatic Pacific Theater 29 October 1944." 

9.  The applicant's WD AGO Form 100 shows that the applicant performed duties as an Automatic Rifleman (MOS 746) for a period of 15 months; Rifleman (MOS 745) for a period of 9 months; and Military Policeman (MOS 677) for a period of 3 months, during WWII.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures for awards, in pertinent part, paragraph 8-8 provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

11.  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 Military Awards Branch of the U.S. Army Human Resources Command, (USAHRC) 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)

All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.  The opinion does note that the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught but it is not a basis for the award of the Combat Infantryman Badge.

12.  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.  Additionally,  Paragraph 3-13d(3) Army Regulation 600-8-22 provides for award of the Bronze Star Medal to Soldiers who participated in the Philippine Islands Campaign between 7 December 1941 and 10 May 1942.  Requirements for award of the Bronze Star Medal under this provision of regulation are performance of duty on the island of Luzon or the Harbor Defenses in Corregidor and Bataan and award of the Distinguished Unit Citation.  

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal.  It is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946 under any of the following conditions: 1) permanent assignment in the Asiatic-Pacific Theater; 2) in a passenger status or on temporary duty for 30 consecutive or 60 nonconsecutive days; or 3) in active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit or independent force showing actual participation in combat. The regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Asiatic-Pacific Campaign Medal.

15.  The applicant's records show that he is entitled to additional awards that are not listed on his WD AGO Form 53-55.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  The World War II Victory Medal was established by the act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

17.  DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit, the 323rd Infantry Regiment, received credit for participation in the Leyte campaign (17 October 1944 through 1 July 1945) and the Western Pacific campaign (15 June 1944 through 2 September 1945) during World War II.


DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant held a military police MOS.  However, he only served in that MOS for 3 months.  The majority of his military service was in the Infantry as shown on his WD AGO Form 100.  He served as an Automatic Rifleman (MOS 746) for 18 months and as a Rifleman (MOS 745) for 3 months.  Additionally, he was awarded the Purple Heart for wounds received in combat as a result of hostile action.  Therefore, there is sufficient evidence to award the applicant the Combat Infantryman Badge and the Bronze Star Medal based on award of this Combat Infantryman Badge.

2.  Evidence of record shows that the applicant served a qualifying period of service for award of the Asiatic-Pacific Campaign Medal.  Additionally, as a result of his entitlement to award of the Asiatic-Pacific Campaign Medal, the applicant is also entitled to award of the Army of Occupation Medal with Japan Clasp. Therefore, he is entitled to correction of his records to show both awards. 

3.  Evidence of record shows that the applicant served a qualifying period for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

4.  DA Pamphlet 672-1 does not list for Ulithi Atoll or Peleliu as separate campaigns.  They were part of the Western Pacific campaign, for which the applicant already received campaign credit.  Therefore, the applicant is not entitled to campaign participation credit for Ulithi Atoll or Peleliu.

5.  DA Pamphlet 672-1 shows that the applicant's unit, the 323rd Infantry Regiment, received credit for participation in the Leyte and the Western Pacific campaigns of WWII.  The applicant's WD AGO Form 53-55 lists the Southern Philippines and the Western Pacific campaigns of WWII.  Therefore, he is entitled to correction of his records to show participation in the Leyte campaign of WWII.  Additionally, he is entitled to award of three bronze service stars with his Asiatic-Pacific Theater Campaign Medal to show his participation in three campaigns.  









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__wdp___  __mjf___  __sjs___  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:

	a.  awarding the applicant the Combat Infantryman Badge and the Bronze Star Medal; and

	b.  showing award of Combat Infantryman Badge, the Bronze Star Medal, the Asiatic-Pacific Campaign Medal with three bronze service stars and the Army of Occupation Medal with Japan Clasp.

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 Expert Infantryman Badge or campaign participation credit for Ulithi Atoll and/or Peleliu.




							William D. Powers
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070010945
SUFFIX

RECON

DATE BOARDED
20071211
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.