RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2008
	DOCKET NUMBER:  AR20070013469 


	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 J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Ms Laverne M. Douglas  

Member

Mr. Jeffrey C. Redmann

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 WD AGO Form 53-55 (Enlisted Record and Report of Separation), with the period ending 17 February 1945, by adding the arrowhead to his award of the Asiatic-Pacific Campaign Medal.  The applicant also requests that a memorandum from the National Personnel Records Center (NPRC), dated 17 September 2007, be corrected to show his correct middle initial.

2.  The applicant states, in effect, that he was awarded the Asiatic-Pacific Campaign Medal and made the initial landing on an enemy-held island, and his records do not show the arrowhead. 

3.  The applicant provides a memorandum from the NPRC.

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, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55.

3.  The applicant's WD AGO Form 53-55 shows he was inducted on 9 January 1944 and entered active duty on 29 January 1944.  The applicant arrived in the Pacific Theater of Operations on 16 August 1944.  The applicant stated in several earlier letters to the NPRC that his landing barge was sunk during the initial landing (on Leyte).  He departed the Pacific Theater of Operations on 
7 December 1944 and was discharged with a certificate of disability on 
17 February 1945.  

4.  Item 6 (Organization) of the applicant's WD AGO Form 53-55 shows that his last organization prior to separation was A Company, 19th Infantry Regiment. 
Item 30 (Military Occupation Specialty and Number) shows the entry "Rifleman 745."  

5.  Item 31 (Military Qualification and Date) shows the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle) March 1944.  Item 32 (Battles and Campaigns) shows he participated in the Philippine Liberation and New Guinea campaigns, and item 33 (Decorations and Citations) shows he was awarded the Asiatic-Pacific Campaign Medal with two bronze service stars, and the Army Good Conduct Medal.  

6.  The applicant provided a memorandum from the NPRC, dated 17 September 2007, that shows shipment of awards to the applicant.  The document indicates the applicant's middle as "F."  It should show the middle initial as "P."

7.  Army Regulation 600-8-22 (Military Awards) provides for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.  Only one arrowhead will be worn on any ribbon.  

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 19th Infantry Regiment received assault landing credit for Leyte (Philippines) for the period 20-22 October 1944.

9.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

10.  Army Regulation 600-8-22 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.  This means, in effect, that 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 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

12.  Title 10, U.S. Code, Section 1552 provides that the Secretary of the military department may correct any military record of the Secretary's department when the Secretary considers it necessary to correct an error or remove an injustice.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was assigned to a unit that received assault landing credit for Leyte (Philippine Liberation) for the period 
20-22 October 1944.  He had stated several times in the past that his landing barge was sunk during the initial landing (on Leyte).  His statement and the unit's assault landing credit are accepted as sufficient to presume that the applicant is eligible for assault landing credit.  His WD AGO Form 53-55 should be amended to add the arrowhead to his Asiatic-Pacific Campaign Medal.

2.  There are no orders in the applicant's service personnel records that show he was awarded the Combat Infantryman Badge.  However, the applicant's WD AGO Form 53-55 and his unit's assault landing credit show he served as an infantryman assigned to A Company, 19th Infantry Regiment while engaged with enemy forces.  Therefore, it is accepted that the applicant is eligible for award of the Combat Infantryman Badge and therefore the Bronze Star Medal. 

4.  The applicant met the eligibility criteria for award of the World War II Victory Medal and two bronze service stars to be worn on his Asiatic-Pacific Campaign Medal.  These awards should be added to his WD AGO Form 53-55.



5.  The applicant contends that his middle initial on a memorandum from the NPRC, dated 17 September 2007, should be corrected.  However, correction of an NPRC memorandum does not fall within the purview of the ABCMR.  The applicant should contact the NPRC to inform them of the error.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__CD ___  __LMD__  ___JCR__  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 him the Combat Infantryman Badge and the Bronze Star Medal (based on award of the Combat Infantryman Badge); and
	
	b.  amending his WD AGO Form 53-55 to add the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the World War II Victory Medal and one bronze arrowhead for wear on his already-awarded Asiatic-Pacific Campaign Medal.

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 correcting his middle initial on the NPRC memorandum, dated 17 September 2007.  




____Carmen Duncan__
          CHAIRPERSON