RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2008
	DOCKET NUMBER:  AR20070016186 


	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.



	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 the Bronze Star Medal (BSM) be added to his separation document (WD AGO Form 53-55).   

2.  The applicant states, in effect, that he believes he is entitled to the BSM based on his having received the Combat Infantryman Badge (CIB) during World War II; however, this award is not included with the list of awards contained on his separation document.  

3.  The applicant provides his WD AGO Form 53-55 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 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 (NPRC) 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.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55, and documents in the NPRC file.  

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army and entered active duty on 12 June 1944.  He held and served in military occupational specialty (MOS) 979 (Squad Leader), and the highest rank he attained while serving on active duty was corporal (CPL).  It also shows he served in the Pacific Theater of Operations (PTO) from 6 February 1945 through 30 January 1946.  It further shows he was assigned to the 82nd Chemical Mortar Battalion, and participated in the Luzon and Southern Philippines campaigns.  

4.  Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55  confirms he received the CIB in May 1945, and Item 33 (Decorations and Citations) shows he earned the following awards:  Asiatic-Pacific Campaign Medal; Army Good Conduct Medal; Philippine Liberation Ribbon with 1 bronze service star; and World War II Victory Medal.  

5.  The applicant's NPRC file contains an Authorization for Issuance of Awards (DA Form 1577), dated 4 December 1989.  This document shows the applicant was issued the BSM based on his having received the CIB during World War II. 

6.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 3-13 of the awards regulation outlines the criteria for award of the BSM.  Paragraph 3-13d(2) of the awards regulation 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.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.  

7.  Paragraph 5-14 of the awards regulation contains guidance on the Asiatic-Pacific Campaign Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the PTO.  

8.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This source confirms that during the applicant's tenure of assignment, his unit (82nd Chemical Mortar Battalion) received the Philippine Presidential Unit Citation and Army of Occupation credit for Japan.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to the BSM based on his having received the CIB during World War II was carefully considered and found to have merit.  By regulation, the BSM is authorized to members who 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, and that for this purpose receiving the CIB is considered as a citation in orders.  Therefore, it would be appropriate to award the applicant the BSM and to add it to the list of awards contained on his separation document at this time.  

2.  The evidence also shows that based on his service and campaign participation in the PTO, the applicant is entitled to the Army of Occupation Medal with Japan Clasp, Philippine Presidential Unit Citation, and 2 bronze service stars with his Asiatic-Pacific Campaign Medal.  As a result, it would also be appropriate to add these awards to his separation document at this time.  

BOARD VOTE:

__x __  __x__  __x_  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 awarding the applicant the Bronze Star Medal for his exemplary conduct in ground combat against an armed enemy while serving in the PTO from
6 February 1945 through 2 September 1945; by showing his entitlement to the Army of Occupation Medal with Japan Clasp, Philippine Presidential Unit Citation, and 2 bronze service stars with his Asiatic-Pacific Campaign Medal; and by providing him a correction to his separation document that includes these awards.




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          		CHAIRPERSON