IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080002818 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, as the son of a former service member (FSM), his father's records be corrected to show the awards of the Combat Infantryman Badge, Bronze Star Medal, Navy Presidential Unit Citation, and two bronze service stars for serving in the Guadalcanal and Papua campaigns (Posthumous).  He also requests that his date of entry on active duty, arm of service, service component, the organizations where he served, Selective Service Data, Register, and his military qualification be corrected.

2.  The applicant states, in effect, that the FSM's separation document (WD AGO Form 53-55) date of entry on active duty and the organizations where he served is incorrect.  The applicant further states that the FSM's date of entry on active duty should list 16 January 1941, his last organization is incorrect, the entry for Selective Service Data, Register, should list "NO (enlisted in National Guard)," military qualification should list Infantry: "Rifle, Carbine, Pistol, Mortar, Machine Gun, Grenade, Bayonet, and Anti-Tank."  

3.  The applicant continues that the FSM's campaigns should list "Papua and Guadalcanal and his awards should list Asiatic Pacific Medal with 2 bronze stars, American Defense Medal, American Theatre Medal, Good Conduct Medal, WWII Victory Medal, Honorable Service Lapel Pin WWII, Combat Infantryman Badge, Bronze Star Medal, (NAVY) PUC with 1 bronze star, and Philippine Presidential Unit Citation."  The applicant also states that he discovered the errors while researching the FSM's military service history over the past year.

4.  The applicant provides a copy of an extract of the history of the  
182nd Infantry, Americal Division; a letter from the Commonwealth of Massachusetts National Guard; a letter from the Director, Historical Services, Military Museum and Archives, Massachusetts Army National Guard; dated  
26 April 2006; Certificate of Death; copies of the FSM's service records; WD AGO Form 53-55; and DD Form 215 (Correction to DD Form 214), dated  
1 August 2006.

CONSIDERATION OF EVIDENCE:

1.  The FSM's 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 FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

2.  The FSM's reconstructed military records show he enlisted in the Army National Guard on 15 July 1940 for 3 years.  The National Guard unit was recorded as Company M, 3rd Battalion, 182nd Infantry Regiment.  The FSM's Arm or Service, for which he enlisted, was recorded as Field Artillery.

3.  The FSM's records shows he was ordered to active duty pursuant to Presidential order on 16 January 1941.

4.  The FSM's WD AGO Form 53-55 shows that he served in the Southwest Pacific Area (SWPA) during the period 26 February 1942 to 10 January 1943.  His service record shows he was re-rated as a squad leader and a mail clerk.  It also shows that he arrived in Melbourne, Australia on 26 February 1942 and departed New Zealand on 10 January 1943.

5.  The FSM's reconstructed military records show he was diagnosed with Malaria while serving in SWPA, on 13 November 1942.  It also shows that, at that time he was assigned to the 3rd Battalion, 182nd Infantry and he received treatment for his illness at U.S. Naval Mobile Base Hospital #4, New Zealand during the period 25 November 1942 to  9 January 1943.

6.  The FSM was transferred back to the United States and assigned to Headquarters Battery, 558th Field Artillery, Camp Roberts, California on  
15 November 1943.  His records show that on 25 July 1944, he was assigned to Headquarters Company, Enlisted Detachment Branch, 3610th "SU", Percy Jones General Hospital, Battle Creek, Michigan until he was honorably separated from active duty on 8 October 1945.  This unit was recorded as his last organization before his separation from active duty.

7.  A DD Form 215 was later issued to show the applicant was awarded Philippine Presidential Unit Citation.

8.  Item 4 (Arm or Service) of the FSM's WD AGO Form 53-55, shows the entry "MD."  However, when he enlisted it was recorded as Field Artillery.

9.  Item 6 (Organization) of the FSM's WD AGO Form 53-55, shows the entry "Hdqs Co. Enl Det Br 3610th SC."

10.  Item 24 (Date Entered Active Service) of the FSM's WD AGO Form  
53-55, shows the entry "15 Jul 40."

11.  Item 26, Selective Service Data, (Registered) of the FSM's WD AGO Form 53-55 shows that an "X" was entered in the "NO" block of the WD AGO Form  
53-55. 

12.   Item 30 (Military Occupational Specialty and Number) shows the entry "Dispatcher 410."

13.  Item 31 (Military Qualification and Date) of the FSM's WD AGO Form  
53-55, shows the entry "None."  However, his record shows qualification in arms as "Weapon Carbine M1, Course Tran, Qual SAT, Date 3 Nov 43."

14.  Item 32 (Battles and Campaigns) of the FSM'S WD AGO Form 53-55, shows the entry "Papua."  However, it does not show campaign credit for Guadalcanal.

15.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form  
53-55, shows the awards of the "Good Conduct Medal, American Defense, one (1) Campaign Star, Asiatic-Pacific Ribbon, and American Theatre Ribbon."  However, it does not show the awards of the Combat Infantryman Badge, Bronze Star Medal, and Navy Presidential Unit Citation.

16.  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)

17.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned, the 182nd Infantry Regiment, Americal Division received the Navy Presidential Unit Citation for actions during the period 7 August 1942 to  
9 December 1942 based on War Department General Order 78-48, less  
3rd Battalion and Band.  It also shows campaign credit for Guadalcanal, less cannon company.

18.  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.

19.  Army Regulation 600-8-22 (Military Awards) 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.

20.  Army Regulation 600-8-22, in pertinent part, authorizes award of the WWII Honorable Service Lapel Button for honorable Federal Service between  
8 September 1939 and 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The son of the FSM contends that his father's record should be corrected to show the awards of the Combat Infantryman Badge, Bronze Star Medal, Navy Presidential Unit Citation with one bronze star, Asiatic Pacific Medal with two bronze stars, American Defense Medal, American Theatre Medal, Good Conduct Medal, WWII Victory Medal, Honorable Service Lapel Pin WWII, Philippine Presidential Unit Citation, campaign credit for serving in the Guadalcanal and Papua campaigns (Posthumously). 

2.  He also contends that his father's records should be corrected to show the date of entry on active duty as 16 January 1941, arm of service as Infantry, service component as Army National Guard, the organization where he served as Company M, 3rd Battalion, 182nd Infantry, that his Selective Service Data, Register was "NO (enlisted in National Guard)," and that he had held military qualification as Infantry: "Rifle, Carbine, Pistol, Mortar, Machine Gun, Grenade, Bayonet, and Anti-Tank."

3.  The evidence from his reconstructed record shows that he was re-rated as a squad leader in SWPA with Company M, 182nd Infantry during the period  
26 February 1942 to 10 January 1943.  He subsequently had taken ill with Malaria and was transported back to the United States, with a brief stay in Australia, and was assigned to Headquarters Company, 558th Field Artillery, Camp Roberts, California on 15 November 1943. 

4.  Although, his record shows he was re-rated as a squad leader while assigned to the 182nd Infantry, there is no evidence to indicate he was involved in action against the enemy.  As such, he is not entitled to correction of his records to show the Combat Infantryman Badge.  Since the Combat Infantryman Badge was a prerequisite for automatic award of the Bronze Star Medal during WWII, he is also not entitled to the Bronze Star Medal.

5.  The FSM's record also shows he was re-rated as a mail clerk on 29 October 1943.

6.  Orders show that the unit to which the FSM was assigned, the 182nd Infantry Regiment, Americal Division received the Navy Presidential Unit Citation for actions during the period 7 August 1942 to 9 December 1942.  Therefore, he is entitled to correction of his records to show the Navy Presidential Unit Citation.

7.  The evidence shows the FSM's was awarded the Asiatic Pacific Ribbon with one campaign star.  However, his unit had received campaign credit for Papua and Guadalcanal.  Therefore, he is entitled to correction of his records to show Asiatic Pacific Ribbon with two campaign stars.

8.  The evidence shows the FSM was already awarded the American Defense Medal, American Theatre Medal, Good Conduct Medal, and the Philippine Presidential Unit Citation.

9.  The FSM's records should also be corrected to show the awards of the World War II Victory Medal and WWII Honorable Service Lapel Button.

10.  The evidence shows that the FSM had enlisted in the Army National Guard on 15 July 1940 for 3 years.  However, he was ordered to active duty pursuant Presidential order on 16 January 1941.  Therefore, he is entitled to correction of his records to show in Item 24 of his WD AGO Form53-55, 16 January  
1941, date of entry on active duty.

11.  The evidence shows that the FSM was not inducted into the Army of the United States; he enlisted in the Army National Guard.  Therefore, Item 26 of his WD AGO Form 53-55 is correctly recorded.

12.  The evidence shows that when the FSM enlisted, the entry for Arm or Service was recorded as Field Artillery.  As such, the entry in Item 4 of his WD AGO Form 53-55 is incorrect.  Therefore, he is entitled to correction of his records to show Field Artillery in Item 4 of his WD AGO Form 53-55.

13.  The evidence shows that the FSM enlisted in the Army National Guard and was not inducted into the Army of the United States.  Therefore, he is entitled to correction of his records to show Army National Guard in Item 5 of his WD AGO Form 53-55.

14.  The evidence shows that the last organization the FSM was assigned too before he was separated was Headquarters Company, Enlisted Detachment Branch, 3610th SC.  Therefore, Item 6 of his WD AGO Form 53-55 is recorded correctly.

15.  There is no evidence that shows the FSM was awarded the military occupational specialty for Infantry.  Although, he was re-rated as a squad leader he was also re-rated as a mail clerk.  The evidence shows he was awarded the military occupational specialty as a Dispatcher 410 in Item 30 of his WD AGO Form 53-55.  Therefore, it is reasonable to conclude that the entry is recorded correctly in Item 30 of the WD AGO Form 53-55. 

16.  The evidence shows that the only qualification in arms that the FSM had acquired was for "Carbine M1, qualified satisfactory, on 3 November 1943.  His records do not contain any additional qualification for Rifle, Pistol, Mortar, Machine Gun, Grenade, Bayonet, and Anti-Tank.  As such, he is entitled to correction of his records to show only the qualification for "Carbine  
M1, Satisfactory, on 3 November 1943" in Item 31 of the WD AGO Form 
53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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.  showing the awards of the Navy Presidential Unit Citation, Asiatic Pacific Ribbon with two campaign stars, World War II Victory Medal, and WWII Honorable Service Lapel Button;

     b.  showing in Item 24 of the WD AGO Form 53-55, entered active service 
16 January 1941; 

     c.  showing in Item 4 of the WD AGO Form 53-55, Field Artillery;

     d.  showing in Item 5 of the WD AGO Form 53-55, Army National Guard; and

     e.  showing in Item 31 of his WD AGO Form 53-55, "Carbine MI, Satisfactory, on 3 November 1943."

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 showing his Arm or Service as Infantry, award of the Combat Infantryman Badge, Bronze Star Medal, American Defense Medal, American Theatre Medal, Good Conduct Medal, and Philippine Presidential Unit Citation, military qualification for Rifle, Pistol, Mortar, Machine Gun, Grenade, Bayonet, Anti-Tank, and correction to Item 6 and Item 26 of the WD AGO Form 53-55.  




      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080002818





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ABCMR Record of Proceedings (cont)                                         AR20080002818



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