IN THE CASE OF:	  

	BOARD DATE:	  13 May 2008

	DOCKET NUMBER:  AR20080003069 


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 that he be provided the bronze service star that is authorized for wear on his Philippine Liberation Ribbon.  He also requests, in effect, that the Philippine Presidential Unit Citation be added to his WD AGO Form 53-55 (Report of Separation); that he be awarded one or more arrowheads; that he be awarded any other awards he may be eligible for; and that the Biak, Dutch East Indies, and Mindoro campaigns be added to his WD AGO Form      53-55.

2.  The applicant states that he never received his awards after his discharge.  When the National Personnel Records Center sent him some awards, they failed to send the bronze service star he is authorized to wear on his Philippine Liberation Ribbon.

3.  The applicant states that he joined Company C, 3d Combat Engineer Battalion, 24th Infantry Division after Leyte Island, the Philippines.  On               29 January 1945, Company C participated in the San Antonio (San Marcelano) Beachhead.  On 29 April 1945, Company C invaded Mindanao during a night beachhead.  There was very heavy fighting, and they reached Davao on 3 May 1945.

4.  The applicant provides a supporting statement and a 9 June 2005 letter from the National Personnel Records Center.


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 Army 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 on 3 June 1943 and entered active duty on 17 June 1943.  He arrived in the Asiatic-Pacific Theater of Operations on 4 February 1944.  He departed the theater on 29 August 1945.  He was honorably discharged with a certificate of disability on 11 December 1945.

4.  Item 6 (Organization) of the applicant’s WD AGO Form 53-55 shows his organization as Company C, 3d Combat Engineer Battalion, 24th Division.  Item 32 (Battles and Campaigns) shows he participated in the New Guinea, Southern Philippines, Luzon, and Mindanao Island campaigns.  Item 33 (Decorations and Citations) shows he was awarded the Asiatic-Pacific Theater Ribbon (currently known as the Asiatic-Pacific Campaign Medal), the Philippine Liberation Ribbon with one bronze service star, and the World War II Victory Medal.

5.  The applicant’s WD AGO Form 100 (Separation Qualification Record) shows he served in New Guinea, the East Indies, and the Philippine Islands with a Combat Engineer Unit for 21 months.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards, campaign, and assault   credits received by units serving during World War II.  This document shows   that Company C (3d Platoon only), 3d Combat Engineer Battalion, 24th Infantry 
Division was awarded the Distinguished Unit Citation (currently known as the Presidential Unit Citation) for the period 16 through 28 February 1945 on Department of the Army General Orders Number 53, dated 1945.

7.  Department of the Army Pamphlet 672-1 shows that the 3d Combat Engineer Battalion, 24th Infantry Division was awarded assault landing credit for Malabang, 17 April 1945; Corregidor, 16 February 1945 (3d Platoon, Company C only); Leyte Island, 20 through 22 October 1944 (“Less one Plat, Co A, Det, Hq & Svc Co”); Tanahmerah Bay, 22 April 1944 (less Company C); and “Mondoro” (this appears to be a misspelling of Mindoro), 15 December 1944 (Company B only).

8.  Department of the Army Pamphlet 672-1 shows that the 3d Combat Engineer Battalion, 24th Infantry Division was awarded the Philippine Republic Presidential Unit Citation for the period 17 October 1944 through 4 July 1945 on Department of the Army General Order Number 47, dated 1950.

9.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix   B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Asiatic-Pacific Campaign Medal.  

10.  Army Regulation 600-8-22 lists the named campaigns authorized during World War II.  During the period of the applicant’s service, the following named campaigns in the Asiatic-Pacific Theater of Operations were authorized:  India-Burma; Air Offensive, Japan; China Defensive; New Guinea; Northern Solomons; Eastern Mandates; Bismarck Archipelago; Western Pacific; Leyte: Luzon; Central Burma; Southern Philippines; Ryukyus; and China Offensive.  Neither Mindanao Island, Mindoro, nor Biak are not listed as authorized campaigns.  The (Dutch) East Indies is listed as a campaign for the period 1 January through 22 July 1942.

11.  Army Regulation 600-8-22 states the Philippine Liberation Ribbon is authorized for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945 under any of the following conditions:

	(1)  Participated in the initial landing operations on Leyte or adjoining islands from 17 October 1944 to 20 October 1944; 

	(2)  Participated in any engagement against the enemy during the campaign on Leyte and adjoining islands; 

	(3)  Participated in any engagement against the enemy on islands other than those included in (2) above; and

	(4)  Served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period.

12.  Army Regulation 600-8-22 states that an individual who meets more than one of the conditions for award of the Philippine Liberation Ribbon is authorized to wear a bronze service star on the ribbon for each additional condition under which he or she qualifies other than that under which he or she is eligible for the initial award of the ribbon.

13.  Army Regulation 600-8-22 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 arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal.

14.  By letter dated 9 June 2005, the National Personnel Records Center informed the applicant he would be sent a number of awards; however, a bronze service star for the Philippine Liberation Ribbon was not listed as one of those awards/appurtenances.  The letter also indicated that the Asiatic-Pacific Campaign Medal with three bronze service stars would be sent to him.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended that he joined Company C, 3d Combat Engineer Battalion after Leyte Island and that on 29 January 1945 Company C participated in the San Antonio (San Marcelano) Beachhead.  His WD AGO Form 53-55 shows he is authorized the Philippines Liberation Ribbon with one bronze service star.  It appears he met the eligibility criteria for wear of one bronze service star on his Philippine Liberation Ribbon, and he should be provided that bronze service star.

2.  Department of the Army Pamphlet 672-1 shows that the 3d Combat Engineer Battalion, 24th Infantry Division was awarded the Philippine Republic Presidential Unit Citation.  This unit award should be added to the applicant’s WD AGO Form 53-55.  
3.  Department of the Army Pamphlet 672-1 also shows that Company C (3d Platoon only), 3d Combat Engineer Battalion, 24th Infantry Division was awarded the Distinguished Unit Citation for the period 16 through 28 February 1945.  However, it cannot be determined what platoon the applicant was assigned to; therefore, there is insufficient evidence on which to add the Distinguished Unit Citation (i.e., the Presidential Unit Citation) to his WD AGO Form 53-55.

4.  The applicant’s eligibility for award of an arrowhead cannot be determined.  

5.  Department of the Army Pamphlet 672-1 shows that the 3d Combat Engineer Battalion was awarded assault landing credit for Malabang, 17 April 1945; Corregidor, 16 February 1945 (3d Platoon, Company C only); Leyte Island,       20 through 22 October 1944 (“Less one Plat, Co A, Det, Hq & Svc Co”); Tanahmerah Bay, 22 April 1944 (less Company C); and Mindoro, 15 December 1944 (Company B only).

6.  The applicant stated he joined the 3d Combat Engineer Battalion after Red Beach, Leyte; therefore, it does not appear he would be eligible for assault credit for Leyte or Tanahmerah Bay.  For Mindoro, assault credit was given to Company B only.

7.  There is insufficient evidence to show the applicant is eligible for assault credit for Corregidor (i.e., whether he was assigned to 3d Platoon and, if so, whether he physically exited the aircraft or the watercraft, as appropriate).  There is insufficient evidence to show he is eligible for assault credit for Malabang (i.e., he does not mention participating in the assault on Malabang or, if he did, whether he physically exited the aircraft or the watercraft, as appropriate).  

8.  The applicant requested that the Biak, Dutch East Indies, and Mindoro campaigns be added to his WD AGO Form 53-55. 

9.  Neither Biak nor Mindoro is listed as an authorized campaign in Army Regulation 600-8-22.  The (Dutch) East Indies is listed as an authorized campaign; however, the period of the campaign ended (22 July 1942) before   the applicant arrived in the theater.  It is also noted that, although the applicant’s WD AGO Form 53-55 lists Mindanao Island as a campaign, Mindanao Island is not listed in Army Regulation 600-8-22 as an authorized campaign.

10.  Based on the authorized campaigns of New Guinea, Southern Philippines, and Luzon listed on his WD AGO Form 53-55, the applicant is authorized to wear three bronze service stars on his Asiatic-Pacific Campaign Medal.  It is noted that the National Personnel Records Center already provided the applicant three bronze service stars for wear on his Asiatic-Pacific Campaign Medal.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XX____  __XX___  __XX___   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.  amending his WD AGO Form 53-55 to add the Philippine Republic Presidential Unit Citation and to show he is eligible to wear three bronze service stars on his Asiatic-Pacific Campaign Medal; and 

     b.  issuing to him one bronze service star for wear on his Philippine Liberation Ribbon and, if available, issuing to him the Philippine Republic Presidential Unit Citation.  This unit award is a foreign award and might not be available from Army supply sources.

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 awarding him one or more arrowheads or adding the Biak, Dutch East Indies, and Mindoro campaigns to his WD AGO Form 53-55.




      _________XX_____________
      	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)                                         AR20080003069



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ABCMR Record of Proceedings (cont)                                         AR20080003069



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