IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090009324 


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 that he be awarded the American Campaign Medal, the World War II Victory Medal, the Arrowhead device; and a weapons qualification badge.

2.  The applicant states that he served in the continental United States for 1 year; he served on active duty during World War II; he participated in the assault landing at Leyte, Philippines as part of the 82nd Field Artillery; and he achieved the top score with a rifle during training.

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the WD AGO Form 53-55 he provided. 

3.  The applicant's WD AGO Form 53-55 show that he was inducted in the Army of the United States on 9 April 1942, was awarded the military occupational specialty of instrument and survey noncommissioned officer, and was promoted to the rank of corporal.

4.  He departed for the southwest pacific theater of operations on 3 July 1943, served in the Bismarck Archipelago, New Guinea, Luzon, and Southern Philippines campaigns, and arrived back in the United States on 6 September 1945.

5.  He was honorably discharged on 13 September 1945 due to demobilization.  The WD AGO Form 53-55 he was issued shows that he was awarded the Asiatic Pacific Service Medal, Philippine Liberation Service Medal with 2 bronze service stars, and the Bronze Star Medal.  His organization was listed as Battery C, 82nd Field Artillery Battalion.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

7.  Army Regulation 600-8-22 provides, in pertinent part, for the “arrowhead” 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 specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the arrowhead 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.

8.  Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the applicant’s unit received assault landing credit for actions on Leyte on 20 to 22 October 1944.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he served in the Continental United States for more than a year during a qualifying period of eligibility.  As such, he is entitled to the American Campaign Medal.

2.  Since the applicant served during the times specified for award of the World War II Victory Medal, he is entitled to this award.

3.  While the unit listed on the applicant's WD AGO Form 53-55 was awarded assault credit for Leyte on 20 to 22 October 1944, because there are no records it cannot be determined with any measure of certainty that the applicant was actually assigned to that unit at that time or, if he was, whether he physically exited the aircraft or the watercraft during the assault.  As such, there is insufficient evidence in which to grant the applicant the Arrowhead device.

4.  Likewise, there is no evidence to show that the applicant was awarded any marksmanship badges.  Therefore, there is insufficient evidence in which to grant this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the American Campaign Medal and the World War II Victory Medal and adding these awards to his WD AGO Form 53-55.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Arrowhead device and marksmanship badge.  



      _______ _   _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)                                         AR20090009324





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ABCMR Record of Proceedings (cont)                                         AR20090009324



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