BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20090021397 


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 he be issued the awards listed on his WD AGO 
Form 53-55 (Enlisted Record and Report of Service - Honorable Discharge) and that he be awarded the Parachutist Badge.

2.  The applicant states he was never issued the following awards listed on his WD AGO Form 53-55:

* American Theater Ribbon
* Asiatic-Pacific Theater Ribbon with one bronze service star
* World War II Victory Medal
* Army Good Conduct Medal
* Purple Heart
* Combat Infantryman Badge

3.  The applicant also states he should be awarded the Parachutist Badge based on his completion of the Parachute School.

4.  The applicant provides his WD AGO Form 53-55 in support of the 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 applicant's military record is 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 applicant's records were lost or destroyed in that fire.  This case is being considered using the WD AGO Form 53-55 provided by the applicant.

3.  The applicant's WD AGO Form 53-55 shows he was inducted in to the Army of the United States on 18 January 1943 and entered active duty on 25 January 1943.  It further shows he served in the Pacific theater of operations from 16 September 1944 through on or about 11 August 1945 and was credited with participating in the Ryukyus campaign.  Item 31 (Military Qualifications) shows he received the Combat Infantryman Badge and item 33 (Decorations and Citations) shows he earned the following awards:

* American Theater Ribbon
* Asiatic-Pacific Theater Ribbon with one bronze service star
* World War II Victory Medal
* Army Good Conduct Medal
* Purple Heart

4.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 shows he was wounded in action in Okinawa on 24 April 1945.  Item 41 (Service Schools Attended) shows he completed the Parachute School at Fort Benning, Georgia.

5.  On 2 February 1946, the applicant was honorably discharged in the rank of private first class after completing 1 year, 11 months, and 10 days of active military service, of which 11 months and 2 days were served overseas.

6.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 3-14 contains guidance on award of the Bronze Star Medal.  Paragraph 3-14d(2) states awards may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947.  For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders.

7.  Chapter 8 of Army Regulation 600-8-22 contains guidance on badges and tabs of U.S. origin and section II contains guidance on award of combat skill badges.  Paragraph 8-11 contains guidance on award of Parachutist Badges.  It states the basic Parachutist Badge may be awarded for satisfactorily completing the prescribed proficiency tests (basic airborne course) at the Airborne Department of the Infantry School, known as the Parachute School during World War II, located at Fort Benning, Georgia.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he should be issued the medal sets for the awards already listed on his WD AGO Form 53-55 and that he should be awarded and issued the Parachutist Badge based on his completion of the Parachute School has been carefully considered and found to have merit.

2.  The WD AGO Form 53-55 shows the applicant received the Combat Infantryman Badge and was awarded the American Theater Ribbon, Asiatic-Pacific Theater Ribbon with one bronze service star, World War II Victory Medal, Army Good Conduct Medal, and Purple Heart.  As a result, it would be appropriate to issue the applicant medal sets for these earned awards.

3.  The WD AGO Form 53-55 also shows he attended the Parachute School at Fort Benning, Georgia, which is now designated the Airborne Department of the Infantry School at Fort Benning, Georgia.  As a result of this entry on his WD AGO Form 53-55, it is reasonable to conclude he satisfactorily completed the airborne course test requirements.  Therefore, it would be appropriate to award him the Parachutist Badge, to add this award to his WD AGO 
Form 53-55, and to issue him the badge.

4.  Further, by regulation, members who received the Combat Infantryman Badge during World War II are authorized to be awarded the Bronze Star Medal.

5.  The applicant's WD AGO Form 53-55 confirms the applicant received the Combat Infantryman Badge during World War II.  As a result, it would be appropriate to award him the Bronze Star Medal for his exemplary conduct in ground combat against an armed enemy in the Pacific theater of operations between 16 September 1944 and 11 August 1945, to add the Bronze Star Medal to his WD AGO Form 53-55, and to issue him the medal set.

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 the award of the Combat Infantryman Badge and Parachutist Badge;

	b.  adding the Bronze Star Medal and Parachutist Badge to item 33 of his WD AGO Form 53-55; and

	c.  issuing him medal sets for all earned awards already listed in item 31 and item 33 of his WD AGO Form 53-55 and those newly-awarded in the preceding subparagraphs.



      __________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)                                         AR20090021397



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ABCMR Record of Proceedings (cont)                                         AR20090021397



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