IN THE CASE OF:	  

		BOARD DATE:	  	  26 March 2009

		DOCKET NUMBER:  AR20080014100 


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, that the records of her deceased father, a former service member (FSM), be corrected to show all of his awards, including the Bronze Star Medal.

2.  The applicant states, in effect, the FSM was awarded the Combat Infantryman Badge; however, he was never awarded the Bronze Star Medal as provided for in the Executive Order.

3.  The applicant provides a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) with an effective date of 24 November 1946; State of Florida, Office of Vital Statistics, Florida Certificate of Live Birth, filed 1 November 1951; State of Florida Marriage License, filed 6 November 1973; and State of Florida, Office of Vital Statistics, Florida Certificate of Death, filed 4 February 2008.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military service 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 FSM's 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.

2.  The FSM’s available military service records contain a copy of his WD AGO Form 53-55 that shows he was inducted into the Army of the United States (AUS) and entered active duty on 29 September 1944, served in the Infantry branch of the AUS, and was honorably discharged on 24 November 
1946 for the convenience of the government based on demobilization.  Item 6 (Organization) shows the FSM was assigned to Company M, 35th Infantry Regiment, and item 30 (Military Occupational Specialty (MOS) and Number) shows he was awarded MOS 605 (Machine Gunner).  Item 31 (Military Qualification and Date) shows the FSM was awarded the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Carbine Rifle Bar, and Marksman Marksmanship Qualification Badge with Rifle and Heavy Machinegun Bars.  Item 32 (Battles and Campaigns) shows the FSM participated in the Southern Philippines campaign and item 33 (Decorations and Citations) shows he was awarded the Good Conduct Medal, Asiatic-Pacific Campaign Medal with one bronze service star, Philippine Liberation Ribbon with one bronze service star, World War II Victory Medal, and Army of Occupation Medal with Japan Clasp.  Item 36 (Service Outside Continental U.S. and Return) shows the FSM departed the U.S. on 26 March 1945, arrived in the Pacific theater of operations (PTO) on 25 April 1945, departed the PTO on 7 September 
1946, and returned to the U.S. on 18 September 1946.  The WD AGO Form 
53-55 shows the FSM completed 8 months and 2 days of continental service; 1 year, 5 months, and 23 days of foreign service; and 2 years, 1 month, and 25 days of longevity for pay purposes.

3.  The FSM’s available military service records are absent any evidence that he was awarded the Bronze Star Medal.

4.  In support of this application, the applicant provides copies of State of Florida, Office of Vital Statistics, Florida Certificate of Live Birth, filed 1 November 1951; State of Florida Marriage License, filed 6 November 1973; and State of Florida, Office of Vital Statistics, Florida Certificate of Death, filed 4 February 2008.  These documents, in pertinent  part, show that the applicant is the daughter of the FSM and that the FSM died on 27 January 2008.

5.  A review of the FSM’s available records reveals the FSM may be authorized additional awards that are not shown on his WD AGO Form 53-55.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), in pertinent part, lists the unit awards received by units serving in World War II.  This document shows that at the time of the FSM's assignment to Company M, 35th Infantry Regiment, the unit was awarded the Philippine Republic Presidential Unit Citation for actions from 17 October 1944 to 4 July 1945 by Headquarters, Department of the Army, General Orders 47 (1950).

7.  Army Regulation 600-8-22 (Military Awards), 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.

8.  War Department Circular Number 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.

9.  Army Regulation 600-8-22 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, the FSM’s records should be corrected to show he was awarded the Bronze Star Medal and all other awards the FSM is authorized.

2.  The evidence of record shows that the FSM was awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy during World War II.  The evidence of record also shows that an award of the Combat Infantryman Badge is considered to be a citation in orders for the Bronze Star Medal for service during World War II.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat 

Infantryman Badge for service during World War II.  Therefore, it would be appropriate to correct the FSM’s records to show award of the Bronze Star Medal.

3.  Records show that general orders awarded the FSM's unit the Philippine Republic Presidential Unit Citation.  Therefore, it would be appropriate to correct the FSM’s records to show this foreign unit award.

BOARD VOTE:

____X____  ____X____  ___X_____  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 the FSM the Bronze Star Medal for meritorious achievement for exemplary conduct in ground combat during the period from 25 April 1945 to 2 September 1945; and

	b.  correcting the FSM’s WD AGO Form 53-55 by adding to item 33 the Bronze Star Medal and Philippine Republic Presidential Unit Citation.



      ____________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)                                         AR20080014100



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014100



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1