RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20070018535
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 award of the Bronze Star Medal (BSM) based on award of the Combat Infantryman Badge (CIB).
2. The applicant states that he was in Headquarters Company, 2nd Battalion, 20th Infantry Division and liberated the Philippines. He was awarded the CIB and should have been awarded the BSM.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); his WD AGO Form 100 (Separation Qualification Record); a certificate from the White House; photographs; news articles; his Honorable Discharge Certificate; and his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 29 February 1952.
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 applicants 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 applicants 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 was inducted into the Army of the United States on 27 February 1943 and entered active duty on 6 March 1943. His WD AGO Form 53-55 shows he served in the Asiatic-Pacific Theater of Operations from 26 September 1943 to 28 November 1945.
4. Item 31 (Military Qualification and Date) on his WD AGO Form 53-55 indicates he was awarded the CIB on 11 July 1944.
5. Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he received credit for participation in the New Guinea Campaign and the Luzon Campaign.
6. The applicant was honorably discharged on 20 December 1945. His WD AGO Form 53-55 shows the Philippine Liberation Ribbon with two bronze service stars, the World War II Victory Medal, the Asiatic-Pacific Campaign Medal with bronze arrowhead, and the Good Conduct Medal as authorized awards.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.
8. Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the CIB during World War II. Therefore, he is authorized award of the BSM and correction of his records to show this decoration.
2. The applicant received credit for participation in two campaigns in the
Asiatic-Pacific Theater of Operations. Therefore, he is entitled to two bronze service stars for wear on his Asiatic-Pacific Campaign Medal.
BOARD VOTE:
XX______ XX_____ XX______ 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:
a. awarding him the BSM (based on award of the CIB); and
b. adding the BSM (based on award of the CIB) and two bronze service stars for wear on his already-awarded Asiatic-Pacific Campaign Medal to his WD AGO Form 53-55.
XXX_______
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018535
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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