IN THE CASE OF:	  

		BOARD DATE:	       15 January 2009

		DOCKET NUMBER:  AR20080011530 


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 his 8 November 1945 separation document be corrected to show award of two bronze arrowheads, a second Bronze Star Medal, and the Combat Infantryman Badge.

2.  The applicant states, in effect, that he enlisted in 1935 and served with the 64th Coastal Artillery in Honolulu, Hawaii.  With the outbreak of World War II (WW II) he reenlisted and transferred to the Counter Intelligence Corps (CIC).  He was part of the assault landings at both Leyte and Okinawa.  While his records show award of a Bronze Star Medal and the Purple Heart, he is seeking correction of his records to show a second Bronze Star Medal (for his actions at Leyte), two bronze arrowheads, and the Combat Infantryman Badge.  He contends he was awarded the Combat Infantryman Badge by the 7th Infantry Division.

3.  The applicant provides copies of three Military Service Certifications (National Archives (NA) Forms 13038) and a letter from the National Personnel Records Center, St. Louis, Missouri.  

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 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 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.

3.  The NA Forms 13038 show the applicant had honorable active service in an enlisted status from 19 September 1935 to 13 December 1937 and 13 January 1942 to 10 March 1945.  He also served as a commissioned officer from 11 March 1945 to 8 November 1945.

4.  An Office of the Commanding General, Headquarters United States Army Forces, Middle Pacific memorandum, dated 16 July 1945, states that the applicant had served 32 months with the 224th CIC Detachment, and had participated in the entire Okinawa and Leyte campaigns.  Prior to his assignment to the 224th CIC, he had served in the Territory of Hawaii for more than a year.

5.  On 12 November 1945 a Headquarters XXIV Corps memorandum authorized the applicant a bronze arrowhead for making an assault landing on a hostile beach at Leyte, Philippine Islands.

6.  His partially-burned WD AGO 53-98 (Military Record and Report of Separation Certificate of Service) for the period 10 March 1945 to 8 November 1945 provides the following:

	a.  he served as a counterintelligence officer during this period;

	b.  his authorized awards are the Bronze Star Medal, the Purple Heart, the Asiatic-Pacific Campaign Medal with two bronze service stars, and the Philippine Liberation Ribbon with two bronze service stars; 

   c.  he participated in the Ryukyus and Southern Philippines campaigns, and 

   d.  he was in Leyte on 10 March 1945 (the date of his commission) and on Okinawa on 1 April 1945.
7.  A review of the applicant's available records indicates entitlement to additional awards and decorations that are not shown on his WD AGO Form 53-98.

8.  On 17 January 1946, the applicant requested from The Adjutant General, U.S. War Department, Washington, D.C. information on how to obtain the actual awards and decorations he was authorized while on active duty.  He listed his awards as the Purple Heart (Headquarters, XXIV Corps General Orders Number 88, dated 8 July 1945), the Bronze Star Medal (Headquarters, 7th Infantry Division General Orders Number 146, dated 1 August 1945), the Good Conduct Medal (listed on his 8 March 1945 discharge), the Philippine Liberation Ribbon with two bronze service stars (noted on his certificate of service), the Asiatic-Pacific Campaign Medal with two bronze service stars (noted on his certificate of service), the American Theater Service Medal, the [WW II] Victory Medal, and the Bronze Service Arrowhead.

9.  The available records show the applicant has repeatedly requested the above noted awards and decorations as well as the Combat Infantryman Badge, and two bronze arrowheads.  The available record contains no documentation of any reply to the applicant. 

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) show the 224th Counter Intelligence Detachment is credited with participation in two campaigns, Leyte and Ryukyus.  It does not list any assault landing credits for this unit.  It also shows that the assault landing credit on Okinawa is authorized to all members serving with the XXIV Corps who landed on Okinawa.

11.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	a.  the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required; 

	b.  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 (CIB) or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during WWII;
	c.  the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal enlisted military service.  

	d.  the American Campaign Medal is awarded for service within the American Theater of Operations between 7 December 1941 and 2 March 1946, including for service for an aggregate period of 1 year or more within the continental limits of the United States, or on permanent assignment outside the continental limits of the United States but within the American Theater of Operations;

	e.  the World War II Victory Medal was established by the act of Congress 6 July 1945.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive; and

	f.  the arrowhead is authorized for wear on the Asiatic-Pacific Campaign 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.  Only one arrowhead is authorized to be worn on any ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to a second Bronze Star Medal, the Combat Infantryman Badge, and two bronze arrowheads. 

2.  The available records show he was assigned to the 224th Counter Intelligence Detachment and the XXIV Corps during his service in the Pacific Theater of Operations.

3.  The available records show the applicant was authorized a bronze arrowhead for the assault landing at Leyte and that he participated in an amphibious landing on Okinawa on 1 April 1945.  Therefore, it is appropriate to show he is authorized two bronze arrowheads.  However, the governing regulation only permits the wear of one arrowhead on the Asiatic-Pacific Campaign Medal.

4.  The applicant's discharge to accept a commission terminated a period of active Federal enlisted service.  Therefore, it is appropriate to accept his           17 January 1946 statement that he was awarded the Good Conduct Medal for his period of enlisted service ending on 10 March 1945.

5.  The applicant is shown to have served in the American Theater of Operation but outside of the Continental U.S. with his assignment in Hawaii for a period in excess of one year.  Based on this service he is authorized award of the American Campaign Medal.

6.  The applicant served honorably during WW II and is authorized award of the WW II Victory Medal.

7.  The applicant served in military intelligence – counterintelligence, not as an infantryman during WW II.  Regrettably, he does not meet the eligibility criteria for award of the Combat Infantryman Badge.

8.  The available records do not contain any orders for the Bronze Star Medal listed on the separation document.  In 1946 the applicant provided an official orders reference for the Bronze Star Medal listed on his separation documents.  Without a similar reference showing award of a second Bronze Star Medal, it is not appropriate to correct the record to reflect a second Bronze Star Medal. 

9.  Further, since it appears he was not eligible for award of the Combat Infantryman Badge, award of a Bronze Star Medal based on award of the Combat Infantryman Badge would not be appropriate.

10.  Based on the above, it is appropriate to correct the applicant's records to show that, in addition to the awards listed on his 8 November 1945 WD AGO Form 53-98, he is entitled to the Good Conduct Medal, the American Campaign Medal, the WW II Victory Medal, and to wear one bronze arrowhead on his Asiatic-Pacific Campaign Medal.  

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 by showing that, in addition to the awards listed on his 8 November 1945 WD AGO Form 53-98, he is authorized the Good Conduct Medal, the American Campaign Medal, the WW II Victory Medal, and two bronze arrowheads of which only one can be worn on his already-awarded Asiatic-Pacific Campaign Medal.

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 award of a second Bronze Star Medal or the Combat Infantryman Badge.



      _________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)                                         AR20080011530



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ABCMR Record of Proceedings (cont)                                         AR20080011530



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