IN THE CASE OF:	  

		BOARD DATE:	        19 FEBRUARY 2009

		DOCKET NUMBER:  AR20080014348 


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 he be awarded the Bronze Star Medal, and that his military records be corrected to show:

	a.  four bronze service stars to be affixed to his already awarded Asiatic-Pacific Campaign Medal with Bronze Arrowhead; and

	b.  that he participated in five amphibious assault landings.   

2.  The applicant essentially states that his war buddy who he went through World War II with was awarded the Bronze Star Medal and the Asiatic-Pacific Campaign Medal with Bronze Arrowhead and Four Bronze Service Stars, and that, and that his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) should reflect the same.  

3.  The applicant provides his WD AGO Form 53-55 and Honorable Discharge Certificate that were issued on 6 February 1946 and a self-authored letter, dated 26 September 2008, addressed to the Army Review Boards Agency Support Division in St. Louis, Missouri with an attached document showing the awards and decorations awarded to his war buddy 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 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 majority of 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 majority of the applicant's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.

3.  The available records show that the applicant was inducted into the Army of the United States on 3 July 1943, and entered active duty on 17 July 1943 at Camp Shelby, Mississippi.  He served in the Field Artillery in military occupational specialty 844 (Gunner Noncommissioned Officer).  He departed the continental United States for the Asiatic-Pacific Theater of Operations on 10 May 1944, and was credited with participating in the New Guinea and Luzon campaigns.  He returned to the continental United States on 13 October 1945, and was honorably released from active duty on 6 February 1946.  The WD AGO Form 53-55 that he was issued at the time of his release from active duty on 6 February 1946 essentially shows that he was awarded the Good Conduct Medal, the American Campaign Medal, the World War II Victory Medal, the Asiatic-Pacific Campaign Medal with Bronze Arrowhead, and the Philippine Liberation Medal with One Bronze Service Star.  Item 31 (Military Qualification and Date) of this document also has unknown entry in it.  Item 6 (Organization) of this document shows that he was assigned to Battery B, 147th Field Artillery Battalion at the time of his release from active duty on 6 February 1946.  

4.  The applicant requested that he be awarded the Bronze Star Medal, but there are no orders in the available records awarding him the Bronze Star Medal.  The applicant provided a document which he stated shows the awards and decorations awarded to his war buddy, which included the Bronze Star Medal.  This document also shows that his war buddy was awarded the Asiatic-Pacific Campaign Medal with Bronze Arrowhead and Four Bronze Service Stars, and the applicant also requested that his military records be corrected to show four bronze service stars to be affixed to his already awarded Asiatic-Pacific Campaign Medal with Bronze Arrowhead.  Additionally, he requested that his 
WD AGO Form 53-55 be corrected to show that he participated in assault landings at Noemfoor Island, Lingayan Gulf, Batangus, Lemery, and Legaspi.  

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself or herself after 6 December 1941 by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.  This regulation also provides, in pertinent part, that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.  Additionally, it states that  awards for meritorious achievement or service will not be based upon the grade of the intended recipient; rather, the award should reflect both the individual's level of responsibility and his or her manner of performance.  Finally, it states that the degree to which an individual's achievement or service enhanced the readiness or effectiveness of his or her organization will be the predominant factor.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) identifies, in pertinent part, campaign and assault landing credit for units during World War II.  This document shows that the 147th Field Artillery Battalion was credited with participating in the East Indies campaign (1 January 1942 to July 1942), the New Guinea campaign (24 January 1943 to 31 December 1944), the Bismarck Archipelago campaign (15 December 1943 to 27 November 1944), and the Luzon campaign (15 December 1944 to 
4 July 1945).  It also shows that this battalion was awarded assault landing credit at Noemfoor Island and at Legaspi.  

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

8.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Bronze Star Medal, and that his military records should be corrected to show:

	a.  four bronze service stars to be affixed to his already awarded Asiatic-Pacific Campaign Medal with Bronze Arrowhead; and

	b.  that he participated in five amphibious assault landings.   

2.  The sincerity of the applicant's claim that he is entitled to award of the Bronze Star Medal is not questioned.  However, all awards of the Bronze Star Medal must be announced in official orders, which the applicant did not provide, and are not in the available records.  The fact that he provided a document which essentially shows that his war buddy was awarded the Bronze Star Medal was noted.  However, his contention that he should be awarded the Bronze Star Medal because his war buddy was is not by itself a basis for award of the Bronze Star Medal.  Awards received by others are not a basis to grant an award.  Regrettably, in view of the foregoing, there is insufficient basis upon which to award the Bronze Star Medal in this case. However, the applicant is advised that while the available evidence is insufficient for awarding him the Bronze Star Medal, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  The applicant's contention that his military records should be corrected to show four bronze service stars to be affixed to his already awarded Asiatic-Pacific Campaign Medal with Bronze Arrowhead and that he participated in five amphibious assault landings was considered.  The fact that the applicant's 
WD AGO Form 53-55 shows that he was assigned to Battery B, 147th Field Artillery Battalion at the time of his release from active duty on 6 February 1946 was noted.  However, this fact, by itself, does not conclusively establish that he was assigned to this battalion during the time of his overseas service during World War II.  Additionally, even if it could be sufficiently established that he did serve with the 147th Field Artillery Battalion during his entire overseas service during World War II, Department of the Army Pamphlet 672-1 only shows that this battalion was credited with participating in three campaigns and awarded assault landing credit twice during his overseas service.  His WD AGO Form 
53-55 already essentially shows that he was awarded the Asiatic-Pacific Campaign Medal with Bronze Arrowhead, but it does not show any bronze service stars even though this document shows that he participated in two campaigns in the Asiatic-Pacific Theater of Operations.  While there is insufficient basis for correcting his WD AGO Form 53-55 to show four bronze service stars or that he participated in five assault landings, it would be appropriate at this time to correct this document to show two bronze service stars to be affixed to his already awarded Asiatic-Pacific Campaign Medal with Bronze Arrowhead.
   
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 the applicant's WD AGO Form 53-55 be corrected to show two bronze service stars to be affixed to his already awarded Asiatic-Pacific Campaign Medal with Bronze Arrowhead.  Additionally, as the applicant requested that the document attached to his 26 September 2008 letter to the Army Review Boards Agency Support Division in St. Louis, Missouri be returned to him, this should be done as well.

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 the Bronze Star Medal, showing four bronze service stars to be affixed to his already awarded Asiatic-Pacific Campaign Medal with Bronze Arrowhead, or showing that he participated in five assault landings.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the 


United States during World War II.  The applicant and all Americans should be justifiably proud of his honorable service in arms.
  



      _______ _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)                                         AR20080014348



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ABCMR Record of Proceedings (cont)                                         AR20080014348



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