IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100000987 


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 34 (Decorations and Citations) of his WD AGO Form 53 (Report of Separation) to show the "European Service Medal" (he apparently means the European-African-Middle-Eastern (EAME) Campaign Medal), "China India Burma Service Medal," Bronze Star Medal, Silver Star, "Presidential Unit Citation with clover leaf" (apparently he means the Presidential Unit Citation with Oak Leaf Cluster or two awards of the Presidential Unit Citation), Purple Heart, "Airborne Wings" (correctly known as the Parachutist Badge), and the Army Good Conduct Medal.

2.  The applicant states he was awarded these medals upon his discharge but they are not listed on his military discharge from the Army. 

3.  The applicant provides a copy of his WD AGO Form 53.

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 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.  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 enlisted in the Army on 1 July 1942.  He served in the African Theater of Operations from 22 June 1943 to 24 July 1944 and he was honorably discharged on 2 December 1944.

4.  Item 6 (Organization) of the applicant's WD AGO Form 53 shows he was assigned to the 4152nd Quartermaster Depot Company.  Item 33 (Battles and Campaigns) shows he participated in the Sicilian and Italian campaigns.  Item 34 shows the entry "None."  Item 35 (Wounds Received in Action) shows the entry "None."  Item 57 (Remarks) shows entitlement to the EAME Campaign Medal.  His WD AGO Form 53 also shows he received the Combat Infantryman Badge.

5.  There are no orders for the Silver Star, Purple Heart, Parachutist Badge, or Army Good Conduct Medal in the available records.

6.  There is no evidence in the available records that shows the applicant was wounded as a result of hostile action during World War II.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows, among other information, unit awards and citations authorized for units which served during World War II.  This pamphlet shows the 4152nd Quartermaster Depot Company was not cited for the Presidential Unit Citation during World War II.

8.  Army Regulation 600-8-22 (Military Awards) does not show the "China India Burma Service Medal" as an authorized award.

9.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided in pertinent part, that 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

10.  Army Regulation 600-8-22 states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

12.  Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

14.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal 
military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.”  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the [Report of Separation] and discharge certificate.

15.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 33 of the WD AGO Form 53.

16.  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 WD AGO Form 53 shows the EAME as an authorized award.  However, he participated in two battles and campaigns during World War II which makes him eligible for two bronze service stars for wear on his already-awarded EAME Campaign Medal.  Therefore, his WD AGO Form 53 should be corrected to show the EAME Campaign Medal with two bronze service stars.

2.  Since the governing awards regulation does not show the "China India Burma Service Medal" as an authorized award, there is no basis for granting the applicant's request to add this medal to his WD AGO Form 53.

3.  The applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he should be awarded the Bronze Star Medal and his WD AGO Form 53 should be corrected to show this award.

4.  There are no orders for the Silver Star or Army Good Conduct Medal in the available records.  Therefore, there is insufficient evidence in which to base adding these awards to his WD AGO Form 53.

5.  Department of the Army Pamphlet 672-1 shows the 4152nd Quartermaster Depot Company was not cited for the Presidential Unit Citation during World War II.  Therefore, there is an insufficient basis for adding any awards of the Presidential Unit Citation on the applicant's WD AGO Form 53.

6.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.  Regrettably, there is insufficient evidence on which to base adding the Purple Heart to his WD AGO Form 53.

7.  There are no orders for the Parachutist Badge in the available records.  Therefore, there is insufficient evidence in which to base adding this badge on his WD AGO Form 53.

8.  The applicant served a period of qualifying service for award of the World War II Victory Medal.  Therefore, this medal should be added to his WD AGO Form 53.

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:

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

   b.  deleting from item 34 of his WD AGO Form 53 the entry "None";

   c.  deleting from item 57 of his WD AGO Form 53 the European-African-Middle Eastern Theater Campaign Ribbon; and

   d.  adding to item 34 of his WD AGO Form 53 the:

* Bronze Star Medal (based on award of the Combat Infantryman Badge)
* European-African-Middle-Eastern (EAME) Campaign Medal with two bronze service stars
* World War II Victory Medal

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 adding the "China India Burma Service Medal," Silver Star, Purple Heart, Parachutist Badge, Army Good 


Conduct Medal, or any awards of the Presidential Unit Citation on his WD AGO Form 53.



      ____________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)                                         AR20100000987



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100000987



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1