IN THE CASE OF:
BOARD DATE: 9 September 2009
DOCKET NUMBER: AR20080007641
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, correction of his record to show award of the Bronze Star Medal, award of the Combat Medical Badge, the battles and campaigns in which he participated, an additional military occupational specialty (MOS), and the immunizations that he received.
2. Through handwritten annotations on his WD AGO 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and WD AGO Form 100 (Sepa-ration Qualification Record), the applicant indicates, in effect, that he is entitled to award of the Bronze Star Medal and the Combat Medical Badge. He also indicates that his battle and campaign credits should include Guam, Leyte, Kerama Retto, Ie Shima, and Okinawa; but exclude Luzon. The applicant further indicates that his MOS should show that he was a Litter Bearer (657) at the time of his separation. He also desires to have his Cholera, Plague, and Typhus immunizations annotated on his separation document.
3. The applicant provides copies of a WD AGO 53-55, a WD AGO Form 100, DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), a Citation for Award of the Bronze Star Medal, an Immunization Register, a self-authored letter to his wife, a psychiatric diagnosis, and 5 pages extracted from a book titled Ours to Hold it High - The History of the 77th Infantry Division in World War II as additional documentary evidence in support of this 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 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 applicant's military record is 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 on file 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 the WD AGO Form 100 provided by the applicant.
3. The applicant's WD AGO 53-55 shows he was inducted in the Army of the United States on 21 July 1943 and entered active duty on 12 August 1943. Upon completion of basic infantry training, he was assigned to the Infantry arm. His military occupational specialty (MOS) at the time of separation was General Clerk (055). The form also shows that he served in the Pacific Theater of Operations (PTO) from 30 March 1944 through 18 December 1945. The applicant held the rank of corporal (CPL) on the date of his separation and that this was the highest rank he attained while serving on active duty. He was assigned to the Medical Detachment of the 306th Infantry Regiment in the 77th Infantry Division. The applicant was honorably discharged on 13 January 1946, after completing a total of 2 years, 5 months, and 1 day of active military service.
4. Item 31 (Military Qualifications) of the applicant's WD AGO 53-55 shows that he did not receive any qualification badges. Item 33 (Decorations and Citations) of the form shows that during his active duty tenure, the applicant received the Army Good Conduct Medal, World War II Victory Medal, Asiatic-Pacific Theater Ribbon, and the Philippine Liberation Ribbon. There is no indication of receipt of either the Bronze Star Medal or the Combat Medical Badge annotated on this form.
5. Headquarters, 77th Infantry Division cover letter, dated 16 March 1945, shows the applicant was awarded the Bronze Star Medal by General Orders Number 94, dated 16 February 1945. The citation for this award shows that he earned the medal for meritorious service in connection with military operations against the enemy on 8 December 1944.
6. Army Regulation 600-8-22 (Military Awards), in pertinent part, states that the Combat Medical Badge was created by the War Department on 1 March 1945. Its evolution stemmed from a requirement to recognize medical aid-men who shared the same hazards and hardships of ground combat on a daily basis with the infantry Soldier and it could be awarded retroactively to 7 December 1941 to fully qualified personnel. The regulation stipulates that the Combat Medical Badge may be awarded to members of the Army Medical Department (Colonels and below), assigned or attached by appropriate orders to an infantry unit of brigade, regimental, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941.
7. Army Regulation 600-8-22, in pertinent part, further states that the Combat Medical Badge was designed to provide recognition to the field medic who accompanies the infantryman into battle and shares with the experiences unique to the infantry in combat. There was never any intention to award the Combat Medical Badge to all medical personnel who serve in a combat zone or imminent danger area, that is, a division-level medical company supporting a maneuver brigade. Since inception, the intent of the Department of the Army regarding this requirement has been that medical personnel must be personally present and under fire in order to be eligible for the awarding of the badge. The Combat Medical Badge is intended for, and awarded to, those medical personnel who accompany the infantryman into combat. The Army has never approved of deviations from this purpose and its restrictive criteria.
8. Item 35 (Latest Immunization Dates) of the applicant's WD AGO Form
53-55 shows that he received the following immunizations on the dates indicated:
Smallpox - 9 February 1945, Typhoid - 20 February 1945, and Tetanus - 20 February 1945. The "Other" block was left blank. The applicant's Immunization Register corroborates the immunization data entered on the WD AGO Form 53-55 and also shows he received the following immunizations on the dates indicated: Cholera - 6 February 1945, Plague - 9 February 1945, and Typhus - 20 February 1945.
9. The applicant provides copies of 5 pages extracted from a book titled Ours to Hold it High - The History of the 77th Infantry Division in World War II. Although the applicant provides no comment regarding this extract, page 500 shows that he was a member of a medical unit in the 306th Infantry Regiment. The extract contains an illustration which depicts the different locations to which the 77th Infantry Division deployed; the applicant circled the following locations on the illustration: Guam, Leyte, Kerama Retto, Ie Shima, and Okinawa.
10. Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 credits him with participation in the Eastern Mandates, Southern Philippines (Liberation), Luzon, and Ryukyus campaigns of World War II.
11. 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, occupation credit, and unit citation badges awarded during World War II. This document shows that at the time of the applicant's assignment to the Medical Detachment of the 306th Infantry Regiment in the 77th Infantry Division, the unit was credited for participation in the following campaigns: Eastern Mandates (Ground), Southern Philippines (Liberation), Luzon, Leyte, Western Pacific (Ground), and Ryukyus. This regulation also shows the unit was awarded credit for assault landings at Ormoc and Ie Shima by War Department General Order (WDGO) 109, dated in 1946. This regulation does not show the applicant's unit receiving campaign participation credit, assault landing credit, or occupation credit for Guam, Kerama Retto, or Okinawa.
12. The applicant provides a self-authored letter, dated 27 August 1944, and addressed to his wife. In this letter, in pertinent part, he informs his wife that he has been working as a Litter Bearer and is responsible for retrieving injured Soldiers from the forward area and bringing them back for medical treatment and evacuation. He also informs his wife that he hoped to remain a Litter Bearer because it "is the only job in the medics I feel I want and can handle outside of mail clerk or something like that."
13. The applicant provides an undated psychiatric diagnosis addressed to the Commanding Officer of the 74th Replacement Battalion. The diagnosis notes that during the applicant's execution of his duties as a Litter Bearer and a Records Clerk (responsible for tagging the deceased), the sight of and intimate contact with mangled torn bodies and death caused him to become sensitized to noise and feel haunted and tortured by the experiences and sights he had seen. As a result of his eventual complete loss of self control, the psychiatric team opined that the applicant was unfit for continued combat duty.
14. War Department Technical Manual 12-235 (Enlisted Personnel Discharge and Release from active Duty), dated January 1945, provides the primary procedures for the discharge or separation of enlisted personnel from active service. In pertinent part, this manual stipulates that WD AGO Form 100 is completed based upon interviewing the discharge and referring to the Soldier's Qualification Card. Items 10 - 12 (Military Occupational Assignments) of the applicant's WD AGO Form 100 show that he served in 3 different specialties during his active duty service. In chronological order, this form shows he was trained over the course of 3 months as a Basic Infantryman (521), he then served as a Litter Bearer (657) for 12 months, and he served as a General Clerk (055) during his final 9 months of active duty. Item 13 (Title - Description - Related Civilian Occupation) of this form shows the applicant served as a General Clerk (055) in a battalion aid station where his duties included maintaining various records. It also shows that he worked in a hotel during his last 3 months. His duties at the hotel included operating a switchboard and maintaining registrations and other records. The applicant authenticated this document with his signature on the date of his separation. In effect, his signature is his verification that the information contained on the separation document, to include his MOS, was correct at the time the form was prepared and issued.
15. Item 30 (Military Occupational Specialty and Number) of the applicant's WD AGO Form 53-55 shows that he held the MOS of General Clerk (055) at the time of his separation. The applicant authenticated this document with his signature on the date of his separation. In effect, his signature is his verification that the information contained on the separation document, to include his MOS, was correct at the time the form was prepared and issued.
16. Department of the Army Pamphlet 672-1 shows that at the time of the applicant's assignment to the Medical Detachment of the 306th Infantry Regiment in the 77th Infantry Division, the unit was credited for participation in the Leyte and Western Pacific (Ground) campaigns in addition to those already annotated on his WD AGO 53-55.
17. Department of the Army Pamphlet 672-1 shows that at the time of the applicant's assignment to the Medical Detachment of the 306th Infantry Regiment in the 77th Infantry Division, the unit was credited for assault landings at Ormoc and Ie Shima by WDGO 109, dated in 1946.
18. Paragraph 9-15 of Army Regulation 600-8-22 (Military Awards) provides that the Philippine Liberation Ribbon is awarded 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. An individual will be considered as having participated in such operations if he landed on Leyte or adjoining islands, was on a ship in Philippine waters, or was a crewmember of an airplane which flew over Philippine territory during the period; (2) participated in any engagement against the enemy during the campaign on Leyte and adjoining islands. An individual will be considered as having participated in combat if he meets any of the conditions set forth in paragraph 9-14a(2) through (4); (3) participated in any engagement against the enemy on islands other than those included in (2) above. An individual will be considered as having participated in combat if he or she meets any of the conditions set forth in paragraph 9-14a(2) through (4); or (4) served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period. An individual who meets more than one of the conditions set forth above is authorized to wear a bronze service star on the ribbon for each additional condition under which he or she qualified other than that under which he or she is eligible for the initial award of the ribbon.
Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.
19. Army Regulation 600-8-22, in pertinent part, states that the Meritorious Unit Commendation (formerly known as the Meritorious Service Unit Plaque until 1 March 1961) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Service in a combat zone is not required, but must be directly related to the combat effort. The unit must display such outstanding devotion and superior performance of exceptionally difficult tasks as to set it apart and above other units with similar missions. The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual. Only in rare cases will a unit larger than a battalion qualify for award of this decoration. For services performed during World War II, awards will be made only to service units and only for services performed between 1 January 1944 and 15 September 1946.
20. Department of the Army Pamphlet 672-1 shows that at the time of the applicant's assignment to the Medical Detachment of the 306th Infantry Regiment in the 77th Infantry Division, the unit was cited for award of the Meritorious Unit Commendation by General Order 33, dated 19 January 1946.
21. Army Regulation 600-8-22, in pertinent part, states that the Philippine Republic Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive. Not more than one Philippine Republic Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized.
22. Department of the Army Pamphlet 672-1 shows that at the time of the applicant's assignment to the Medical Detachment of the 306th Infantry Regiment in the 77th Infantry Division, the unit was cited for award of the Philippine Presidential Unit Citation by Department of the Army General Order 47, dated 1950.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered.
2. General Orders awarded the applicant the Bronze Star Medal. Therefore, he is entitled to have his records corrected to show this award.
3. The available records contain no indication that the applicant received or was recommended for receipt of the Combat Medical Badge. Evidence shows the applicant completed basic infantry training and was assigned to the Infantry arm of the Army of the United States. Although he performed the duties of a Litter Bearer (657) for 12 months and served as a General Clerk (055) in a battalion aid station where his duties included maintaining various records, the available records contain no indication that he ever completed any form of medical training, was awarded a medical MOS, or was a member of the Army Medical Department. Army Regulation 600-8-22, in pertinent part, states that the Combat Medical Badge was created to recognize medical aid-men who shared the same hazards and hardships of ground combat on a daily basis with the infantry Soldier and it may only be awarded to members of the Army Medical Department. In view of the foregoing, the applicant is not eligible for award of the Combat Medical Badge.
4. The applicant's Immunization Register shows he received the following immunizations on the dates indicated: Cholera - 6 February 1945, Plague - 9 February 1945, and Typhus - 20 February 1945. Therefore, he is entitled to have his records corrected to show receipt of these immunizations on the dates indicated.
5. Department of the Army Pamphlet 672-1 shows that at the time of the applicant's assignment to the Medical Detachment of the 306th Infantry Regiment in the 77th Infantry Division, the unit was credited for participation in the Eastern Mandates (Ground), Southern Philippines (Liberation), Luzon, Leyte, Western Pacific (Ground), and Ryukyus campaigns. The Leyte and Western Pacific (Ground) campaigns were not previously annotated on the applicant's WD AGO 53-55. Therefore, he is entitled to have his records corrected to show participation in these campaigns in addition to those already annotated on his WD AGO 53-55.
6. General Orders awarded the applicant's unit credit for assault landings at Ormoc and Ie Shima. Therefore, he is entitled to have his records corrected to show these assault landings.
7. Department of the Army Pamphlet 672-1 does not show the applicant's unit receiving campaign participation credit, assault landing credit, or occupation credit for Guam, Kerama Retto, or Okinawa. Therefore, he is not entitled to have his records corrected to show credit for any of these events.
8. Evidence shows that following a psychiatric team's diagnosis that the applicant was unfit for continued combat duty; he was removed from the forward area of battle and assigned to perform general clerical duties for the final 9 months of his period of active duty service. The record shows that for the last 3 months of his service, the applicant worked as a General Clerk (055) at a hotel on the island of Okinawa, Japan. Therefore, he is not entitled to have his records corrected to show his MOS was Litter Bearer (657) at the time of separation.
9. Evidence shows the applicant was awarded the Philippine Liberation Ribbon. Evidence also shows the applicant participated in 6 campaigns while serving in the Philippine Islands. Therefore, he is entitled to award of 1 silver service star and 1 bronze service star to be affixed to the previously awarded Philippine Liberation Ribbon.
10. General Orders awarded the applicant's unit the Meritorious Unit Commendation. Therefore, he is entitled to have his records corrected to show this unit award.
11. Department of the Army General Orders awarded the applicant's unit the Philippine Republic Presidential Unit Citation. Therefore, he is entitled to have his records corrected to show this foreign unit award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X___ __X______ 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 to show:
a. award of the Bronze Star Medal, the Meritorious Unit Commendation, and the Philippine Republic Presidential Unit Citation;
b. authorization to wear 1 silver service star and 1 bronze service star on his previously awarded Philippine Liberation Ribbon;
c. participation in the Ormoc and Ie Shima assault landings;
d. participation in the Leyte and Western Pacific (Ground) campaigns in addition to those already listed on his WD AGO Form 53-55; and
e. receipt of the following immunizations on the dates indicated: Cholera - 6 February 1945, Plague - 9 February 1945, and Typhus - 20 February 1945.
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:
a. award of the Combat Medical Badge;
b. receipt of campaign participation credit, assault landing credit, or occupation credit for Guam, Kerama Retto, or Okinawa; and
c. possession of MOS Litter Bearer (657) at the time of his separation from active duty service.
_______ _ X _______ ___
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) AR20080007641
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