IN THE CASE OF:
BOARD DATE: 27 August 2009
DOCKET NUMBER: AR20090005517
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, award of all ribbons and medals to which he is entitled.
2. The applicant states, in effect, that he was serving as a member of the 31st Infantry Division when they made an assault landing on Morotai Island in the Dutch East Indies. He also states, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) does not show an award for the assault landing on Morotai Island. He is requesting all of his ribbons and medals for his son.
3. In support of his application, the applicant provides copies of his WD AGO Form 53-55 and a copy of court orders changing his name.
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 applicants 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 applicants 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 applicants records were destroyed in that fire. However, there was sufficient documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's available records show that he was inducted into the Army of the United States on 4 March 1943 and he entered on active service on 11 March 1943. He completed training in military occupational specialty (MOS) 1607 (heavy mortar crewman). He served overseas in the Asiatic Pacific Theater of Operations from 21 February 1944 to 27 November 1945, with Company A, 124th Infantry, 31st Infantry Division.
4. The applicant was honorably discharged from active duty, in the rank of corporal, on 24 December 1945, for the convenience of the Government at demobilization.
5. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the World War II Victory Medal, Asiatic-Pacific Campaign Medal with two bronze service stars and one bronze arrowhead, Philippine Liberation Ribbon with one bronze service star, three Overseas Service Bars, and Army Good Conduct Medal. Item 55 (Remarks) lists the Honorable Service Lapel Button.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the arrowhead (arrowhead device) to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. The regulation also specifies that the arrowhead device is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.
7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment to the 124th Infantry, 31st Infantry Division, the unit was cited for assault landing credit for Morotai Island on 15 September 1944 by War Department General Orders Number 109-46.
8. Department of the Army Pamphlet 672-1 also shows the applicant's unit was cited for award of the Philippine Presidential Unit Citation, for the period
17 October 1944 to 4 July 1945, by Department of the Army General Orders Number 47, dated 1950.
DISCUSSION AND CONCLUSIONS:
1. Item 33 of the applicant's WD AGO Form 53-55 shows he was awarded the Asiatic-Pacific Campaign Medal with one bronze arrowhead. This arrowhead device denotes his participation in the assault landing on Morotai Island on
15 September 1944. Although the applicant's WD AGO Form 53-55 does not specifically show the assault landing credit location, it does accurately reflect he was credited with participating in the assault landing on Morotai Island. Therefore, there is no need to correct his WD AGO Form 53-55 pertaining to this portion of his requested relief.
2. General orders confirm the applicant's unit during the time of his assignment was awarded the Philippine Presidential Unit Citation. As a result, it would be appropriate to add this unit award to his record at this time.
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 the Philippine Presidential Unit Citation to the list of awards shown in item 33 of his WD AGO Form 53-55 and providing him a corrected separation document as a result of this change.
__________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) AR20090005517
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ABCMR Record of Proceedings (cont) AR20090005517
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