IN THE CASE OF:	

		BOARD DATE:	28 July 2009    

		DOCKET NUMBER:  AR20090004365 


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 correction of item 6 (Organization) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his unit of assignment, Company B, 34th Infantry, was a part of the 24th Division and, in effect, any other awards to which he may be entitled.

2.  The applicant states, in effect, he would like the correct unit of assignment shown on his WD AGO Form 53-55 so it may be added to his gravestone when he is buried at a veterans cemetery.

3.  The applicant provides a copy of his WD AGO Form 53-55, dated 
16 November 1946, 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 for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center 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 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 and entered active duty at Fort Snelling, MN, on 21 October 1944.  The applicant was honorably separated on 16 November 1946.  At the time of separation he held military occupational specialty 607 (Platoon Sergeant).

4.  The applicant’s WD AGO Form 53-55 shows he departed the United States on or about 11 April 1945 and arrived in Asiatic Pacific Theater of Operations (APTO) on 21 May 1945.  He departed the APTO on or about 8 September 1946 and arrived back in the United States on 19 September 1946.  He completed
7 months and 16 days of continental service and 1 year, 5 months, and 11 days of foreign service.  

5.  Item 6 of the applicant's WD AGO Form 53-55 shows, at the time of his separation, he was assigned to Company B, 34th Infantry.

6.  Item 31 (Military Qualifications and Date) of the applicant’s WD AGO 
Form 53-55 shows he was awarded the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).
Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Southern Philippines campaign during his service in World War II (WWII).

7.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 shows he was awarded the Purple Heart, the Army of Occupation Medal (Japan), the Philippine Liberation Medal with one bronze service star, the WWII Victory Medal, the Asiatic-Pacific Campaign Medal, and the Good Conduct Medal.

8.  Technical Manual 12-235, Discharge Procedures and Preparation of Separation Forms, in effect at the time, provides in paragraph 24, that item 6 of the WD AGO Form 53-55, Organization, be completed as follows:  “Enter the last 

unit, or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.  Assignments to units for purpose of transfer from a theater to the United States are considered part of the movement to a separation activity.”

9.  The U.S. Army Center for Military History (CMH), which reports to the Administrative Assistant to the Secretary of the Army, is responsible for the appropriate use of history throughout the U.S. Army.  The CMH official website provides a history of the 34th Infantry Regiment.  It states that the 34th Infantry was constituted on 1 July 1916 in the Regular Army and organized 15 July 1916 at El Paso, TX.  It was originally assigned to the 7th Division but was later assigned to the 8th and 4th Divisions.  After a short period of inactivation, the 34th Regiment was activated on 1 July 1940 at Camp Jackson, SC, and was again assigned to the 8th Division.  However, on 12 June 1943, it was assigned to the 24th Infantry Division where it remained until 5 June 1958.

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

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal.  It 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.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Asiatic-Pacific Campaign Medal.  


13.  The Department of Veterans Affairs Booklet, Federal Benefits for Veterans and Dependents, states that, space permitting, additional text including military awards may be inscribed on headstones and markers.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was assigned to Company B, 34th Infantry Regiment, during his service in WWII.  The evidence of record further shows that the 34th Infantry Regiment was assigned to the 24th Division from 12 June 1943 to 5 June 1958.  Although the applicant's unit of assignment is correctly shown on his WD AGO Form 53-55, there is no harm to the Army or the applicant if the higher headquarters – 24th Division – is added to his WD AGO Form 53-55.

2.  The evidence of record shows that 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.

3.  The applicant's records show he was awarded the Asiatic-Pacific Campaign Medal.  Furthermore, his records show he participated in one campaign during his service in the APTO.  Therefore, he is entitled to award of one bronze service star to be affixed to his 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:

	a.  awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge; 

	b.  deleting the entry "Co B, 34th Inf" from item 6 of his WD AGO Form 53-55 and adding the entry "Co B, 34th Inf, 24th Division"; and

   c.  amending his WD AGO Form 53-55 to add the Bronze Star Medal and a bronze service star to be affixed to his already awarded Asiatic-Pacific Campaign 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)                                         AR20090004365



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ABCMR Record of Proceedings (cont)                                         AR20090004365



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