IN THE CASE OF:	  

		BOARD DATE:	  	  27 January 2009

		DOCKET NUMBER:  AR20080017380 


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, correction of his records to show award of the Army Commendation Medal.

2.  The applicant states, in effect, that he wants the Army Commendation Medal added to his records, as was done with previous awards and decorations he has been authorized.

3.  The applicant provides copies of an extract of Enlisted Record, recorded on 26 March 1945; WD AGO Form Number  55 (Army of the United States Honorable Discharge), dated 3 March 1944; DA Form 1569 (Transcript of Military Record), issued on 9 August 1974; National Archives and Records Administration (NA) Form 13038 (Certification of Military Service), dated 17 April 2006; and National Personnel Records Center (NPRC), Military Personnel Records (MPR), St. Louis, Missouri, letter, dated 27 September 2006.

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC 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 for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s available military service records contain a WD AGO Form Number 40 (Certificate of Disability for Discharge) that shows he was inducted into the Army of the United States (AUS) and entered active duty on 9 January 1941.  This document also shows the applicant was wounded in action on New Guinea Island on 13 August 1943.  This document further shows the applicant was honorably discharged on 3 March 1944 based on disabilities incurred in line of duty and not due to his own misconduct.

4.  The applicant’s available military service records contain a copy of Headquarters, 41st Infantry Division, General Orders Number 9, dated
23 February 1944, promulgating a commendation pertaining to officers and enlisted men of the 162nd Infantry who were members of a combat group, which attacked and broke Japanese resistance at Roosevelt Ridge, New Guinea, on
13 August 1943.  The General Orders show that the members of the combat group were commended for their outstanding performance during this action, the applicant was a member of the combat group, and the order of commendation was issued by command of Major General F_____ under the official seal of Headquarters, 41st Infantry Division.

5.  The applicant’s available military service records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 30 May 1997, that shows he was issued the Purple Heart, Good Conduct Medal, American Defense Service Medal, American Campaign Medal, Asiatic-Pacific Campaign Medal with
2 bronze service stars, World War II Victory Medal, and Honorable Service Lapel Button (World War II).  The DA Form 1577 shows the awards were authorized under the signature of D____ M. H__, Chief, SFE-B1, Soldier and Family Support Division, Army Reserve Personnel Center, St. Louis, Missouri.



6.  The applicant’s available military service records contain a DA Form 1577, (date undistinguishable), that shows the applicant was issued the Bronze Star Medal and Combat Infantryman Badge.  The DA Form 1577 shows the awards were authorized under the signature of V_______ A. B______, Chief, Army Reference Branch, NPRC, MPR, St. Louis.

7.  The applicant’s available military service records are absent orders awarding the applicant the Army Commendation Medal.

8.  In support of his application, the applicant provides the following documents.

     a.  Extract of Enlisted Record that shows the applicant was inducted into the AUS and entered active duty on 9 January 1941.  This document also shows that the applicant departed the United States on 4 March 1942, arrived in Australia on 9 April 1942, departed Australia on 21 February 1943, arrived in New Guinea on 1 March 1943, departed New Guinea on 21 September 1943, and arrived in the United States on 19 November 1943.  This document further shows that the applicant was wounded in action in New Guinea on 13 August 1943 and he was awarded the Purple Heart, American Defense Service Medal, and the Asiatic-Pacific Campaign Medal.  This document also shows that the applicant’s character of service during the period 9 January 1941 to 3 March 1944 was excellent and that he was honorably discharged on 3 March 1944 based on disability.

     b.  WD AGO Form 55 that shows the applicant was honorably discharged from the AUS on 3 March 1944.

     c.  DA Form 1569 that shows the applicant was inducted into the AUS and entered active service on 9 January 1941, and served as an infantryman with the 66th Infantry Division.  This document also shows that the applicant departed the United States on 4 March 1942 and returned to the United States on
19 November 1943.  This document further shows the applicant was awarded the Bronze Star Medal, Purple Heart, Good Conduct Medal, American Defense Service Medal, American Campaign Medal, Asiatic-Pacific Campaign Medal with 1 bronze service star, World War II Victory Medal, and Combat Infantryman Badge.  This document also shows that the applicant was honorably discharged on 3 March 1944 based on disability.

   d.  NA Form 13038 that shows the applicant was a member of the AUS from
9 January 1941 to 3 March 1944 and that he was honorably discharged.

     e.  NPRC, MPR, St. Louis, letter, dated 27 September 2006, that shows, in pertinent part, the NPRC verified the applicant’s entitlement to the Army Commendation Medal.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 3-16, governs award of the Army Commendation Medal and, in pertinent part, states that the Army Commendation Medal may be awarded to any individual commended after
6 December 1941 and before 1 January 1946 in a letter, certificate or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Army Commendation Medal as was done with previous awards and decorations he has been authorized subsequent to his discharge from the Army.

2.  The evidence of record shows an Order of Commendation was issued that commended officers and enlisted men of the 162nd Infantry who were members of a combat group for their outstanding performance on 13 August 1943.  The evidence of record also shows that the applicant was identified in the Order of Commendation as a member of the combat group and that the commendation was issued under authority of the major general in command of the 41st Infantry Division on 23 February 1944.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Army Commendation 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:

     a.  awarding the applicant the Army Commendation Medal for meritorious achievement on 13 August 1943; and

     b.  issuing the applicant a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal.



      ___________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)                                         AR20080017380



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ABCMR Record of Proceedings (cont)                                         AR20080017380



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