IN THE CASE OF:	  

		BOARD DATE:	        31 March 2009

		DOCKET NUMBER:  AR20080016110 


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 award of the Bronze Star Medal.

2.  The applicant states, in effect, that he was awarded the Combat Infantryman Badge for his service during World War II (WWII) and he is authorized the Bronze Star Medal based on award of the Combat Infantryman Badge.  

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), dated 22 October 1945, in support of his request.  

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 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.

3.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army of the United States on 16 October 1942 and entered active duty at Fort Snelling, MN, on 29 October 1942.  This form also shows that at the time of separation, the applicant held military occupational specialty (MOS) 824 (Mess Sergeant) and that he was assigned to Company K, 172nd Infantry.

4.  The applicant’s WD AGO Form 53-55 shows he departed the United States on 29 March 1943 and arrived in the South Pacific Theater of Operations (SPTO) on 24 April 1943.  He further departed the SPTO on 13 May 1943 and arrived in the South West Pacific Theater of Operations (SWPTO) on 17 May 1943.  He ultimately departed the SWPTO on 29 September 1945 and arrived in the United States on 8 October 1945.  He completed 5 months and 14 days of continental service and 2 years, 6 months, and 10 days of foreign service.  He was honorably separated on 22 October 1945.

5.  Item 31 (Military Qualifications and Date) of the applicant’s WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge. 

6.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the New Guinea, Bismarck Archipelago, Southern Philippines, and Luzon campaigns during WWII.

7.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 shows he was awarded the Good Conduct Medal. 

8.  Item 55 (Remarks) of the applicant’s WD AGO Form 53-55 shows he was awarded the Asiatic-Pacific Theater Service Medal, the Philippines Liberation Ribbon with one bronze service star, and five Overseas Service Bars.







9.  Army Regulation 600-8-22 (Military Awards) 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

10.  Review of the applicant’s records indicates his entitlement to additional awards that are not shown on his WD AGO Form 53-55.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the WWII Victory Medal.  It is awarded for service between 7 December 1941 and 
31 December 1946, both dates inclusive.

12.  Army Regulation 600-8-22 provides that the Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  The regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55 and that bronze service stars will be worn on the appropriate campaign or service medal including the Asiatic-Pacific Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show the Bronze Star Medal.

2.  The evidence of record shows the applicant served a qualifying period for award of the WWII Victory Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

3.  The evidence of record shows the applicant was awarded the Asiatic-Pacific Campaign Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Pacific Theater.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Asiatic-Pacific Campaign Medal.

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 adding award of the Bronze Star Medal, the World War II Victory Medal, and four bronze service stars to be affixed to his already-awarded Asiatic-Pacific Theater Service Medal. 




															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)                                         AR20080016110



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ABCMR Record of Proceedings (cont)                                         AR20080016110



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