IN THE CASE OF:	  

		BOARD DATE:	        29 JANUARY 2009

		DOCKET NUMBER:  AR20080017260 


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 Bronze Star Medal that he was awarded based upon his award of the Combat Infantryman Badge during World War II be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).   

2.  The applicant essentially feels that an administrative oversight occurred during the preparation of his WD AGO Form 53-55, and that even though he was discharged in 1945, he was not awarded the Bronze Star Medal until 1965.

3.  The applicant provides his WD AGO Form 53-55, Honorable Discharge Certificate, and a partial copy of a certificate which awarded him the Bronze Star Medal 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 26 October 1944.  He departed the continental United States on 6 April 1945 for the Asiatic-Pacific Theater of Operations, and participated in the Luzon campaign during World War II.  He returned to the continental United States on 19 September 1946, and was honorably discharged on 18 November 1946 at Fort Dix, New Jersey.  The WD AGO Form 53-55 that he was issued at the time of his discharge shows that he was awarded the Good Conduct Medal, the World War II Victory Medal, the Philippines Liberation Ribbon, the Army of Occupation Medal, the Asiatic-Pacific Campaign Medal, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Carbine Bar.

4.  The applicant's WD AGO Form 53-55 does not show that he was awarded the Bronze Star Medal.  The applicant provided a certificate which essentially shows that he was awarded the Bronze Star Medal for meritorious achievement in ground operations against the enemy in the Pacific Theater of Operations on or about 30 May 1945 while he was a member of the Infantry. 

5.  During a review of the applicant’s records, it was determined that he is entitled to additional corrections of award entries on his WD AGO Form 53-55.

6.  The applicant's WD AGO Form 53-55 shows that he participated in the Luzon campaign during World War II, but there is no bronze service star affixed to his already-awarded Asiatic-Pacific Campaign Medal.  

7.  The applicant's WD AGO Form 53-55 shows that he was awarded the Army of Occupation Medal, but not with the Japan Clasp.

8.  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.

9.  Army Regulation 600-8-22 also provides, in pertinent part, 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.  Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.  One bronze service star is authorized for each campaign a Soldier participated in.

10.  Additionally, Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal was established by War Department General Orders 32, 1946.  It is awarded for service for 30 consecutive days at a normal post of duty while assigned to the Army of Occupation of Japan between 3 September 1945 and 27 April 1952 in the four main islands of Hokkaido, Honshu, Shikoku, and Kyushu, the surrounding smaller islands of the Japanese homeland, the Ryukyu Islands, and the Bonin-Volcano Islands.  Service between 3 September 1945 and 2 March 1946 will be counted only if the Asiatic-Pacific Campaign Medal was awarded for service before 3 September 1945.  This paragraph also states that Soldiers who served in the Far East Theater during the occupation of the Far East will wear the Clasp inscribed "Japan.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the Bronze Star Medal that he was awarded based upon his award of the Combat Infantryman Badge during World War II should be added to his WD AGO Form 53-55.   

2.  It is clear that the applicant was awarded the Bronze Star Medal based upon his award of the Combat Infantryman Badge during World War II.  Therefore, it would be appropriate at this time to correct his WD AGO Form 53-55 to show the award of the Bronze Star Medal.  

3.  The applicant participated in one campaign in the Asiatic-Pacific Theater of Operations during World War II; therefore, he is entitled to correction of his 
WD AGO Form 53-55 to show one bronze service star to be affixed to his already-awarded Asiatic-Pacific Campaign Medal.
4.  The applicant was authorized the Army of Occupation Medal while serving in the Far East, therefore, he is entitled to correction of his WD AGO Form 53-55 to show the Japan Clasp to be affixed to his already-awarded Army of Occupation Medal.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Bronze Star Medal based upon his award of the Combat Infantryman Badge during World War II, one bronze service star to be affixed to his already-awarded Asiatic-Pacific Campaign Medal, and the Japan Clasp to be affixed to his already-awarded Army of Occupation Medal.

2.  The Board wants to thank the applicant for the sacrifices he made 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)                                         AR20080017260



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ABCMR Record of Proceedings (cont)                                         AR20080017260



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