IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100008103 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for the period ending 15 February 1946 to show award of the Expert Infantryman Badge.

2.  The applicant states he was awarded the Expert Infantryman Badge while serving with the 147th Infantry Division.  The applicant states that on several occasions he has tried to have the award added to his record, but he has been unsuccessful.

3.  The applicant provides his WD AGO Form 53-55 and Headquarters, 147th Infantry Regiment, General Orders Number 6, dated 7 February 1945.

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.  On 2 December 1942, the applicant enlisted in the Enlisted Reserve Corps and was ordered to active duty on 20 March 1943.  He was awarded military occupational specialty (MOS) 745 (Rifleman) and was later awarded MOS 835 (Supply Clerk).

3.  On 6 July 1944, the applicant departed the United States for duty in the Asiatic-Pacific theater of operations (APTO).  Records show the following assignments in the APTO:

* 21 July 1944 - Company G, 147th Infantry Regiment
* 25 October 1945 - Headquarters, 63rd Ordnance Group
* 12 December 1945 - 937th Ordnance Heavy Automotive Maintenance Company

4.  Headquarters, 147th Infantry Regiment, General Orders Number 6, dated 7 February 1945, show the applicant was awarded the Expert Infantryman Badge for having attained the standards of proficiency established by the War Department.

5.  On 18 January 1946, the applicant departed the APTO and on 15 February 1946 he was honorably discharged.

6.  Item 31 (Military Qualification and Date) of the applicant's WD AGO 
Form 55-53 for the period ending 15 February 1946 shows he was awarded the Combat Infantryman Badge.  Item 32 (Battles and Campaigns) shows the entry "GO 33 WD 45 Ground Combat."  Item 33 (Decorations and Citations) shows the applicant was awarded the Army Good Conduct Medal.

7.  A WD AGO Form 24 (Service Record) covering the period 2 December 1942 to 15 February 1946 shows the applicant was awarded and authorized to wear:

* Army Good Conduct Medal
* Combat infantryman Badge
* Expert Infantryman Badge
* Asiatic-Pacific Theater Campaign Medal
* American Theater Campaign Medal (now known as the American Campaign Medal)
* World War II Victory Medal

8.  Army Regulation 600-8-22 (Military Awards) provides 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 for the Bronze Star Medal.  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.

9.  Army Regulation 600-8-22, paragraph 5-14, contains the regulatory guidance on the Asiatic-Pacific Campaign Medal.  It states that a bronze service star is authorized with this award for each Asiatic-Pacific theater campaign a member is credited with participating in.  

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards and campaign participation credit received by units serving during World War II.  This pamphlet shows the 147th Infantry Regiment was awarded the Army of Occupation Medal with Japan Clasp for the period 25 September 1945 through 25 November 1945.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was awarded the following badges and medals.  Therefore, his WD AGO Form 53-55 should be amended to add these awards.

* Expert Infantryman Badge
* Asiatic-Pacific Theater Campaign Medal
* American Campaign Medal
* World War II Victory Medal

2.  Records show the applicant was awarded the Combat Infantryman Badge which makes him eligible for award of the Bronze Star Medal.  The applicant's WD AGO Form 53-55 should be amended to add the Bronze Star Medal.

3.  The evidence of record shows the applicant was assigned to the 147th Infantry Regiment during a period of time the unit was awarded the Army of Occupation Medal with Japan Clasp.  He was also credited with participation in one campaign.  As a result, he is authorized one bronze service star to be affixed to his already-awarded Asiatic-Pacific Campaign Medal.  Therefore, the applicant's WD AGO Form 53-55 should be amended to reflect these awards.

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 on award of the Combat Infantryman Badge, and

	b.  amending his WD AGO Form 53-55 to add the following awards:

* Bronze Star Medal
* Asiatic-Pacific Theater Campaign Medal with one bronze service star
* American Campaign Medal
* Army of Occupation Medal with Japan Clasp
* World War II Victory Medal
* Expert Infantryman 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)                                         AR20100008103



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ABCMR Record of Proceedings (cont)                                         AR20100008103



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