IN THE CASE OF:
BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100013599
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, the widow of a deceased former service member (FSM), requests that the FSM be awarded the Bronze Star Medal based on award of the Combat Medical Badge.
2. The applicant states the evidence submitted with her claim indicates the FSM had combat service in the Army Medical Corps in the Asiatic-Pacific theater of operations during World War II.
3. The applicant provides:
* FSM's death certificate
* Reserve Components Personnel and Administration Center letter, dated 22 December 1977
* letter, dated 16 December 1977, from the FSM
* WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service)
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 FSM'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 FSM'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 FSM entered active duty from the Officer Reserve Corps on 24 September 1940. He served as a medical officer in the Asiatic-Pacific theater of operations from 22 November 1942 through 22 August 1945. On 3 April 1946, he was released from active duty in the rank of captain.
4. The FSM's WD AGO Form 53-98 does not show the Bronze Star Medal as an authorized award. Item 43 (Remarks) of this form shows the Combat Medical Badge was authorized.
5. There are no orders for the Combat Medical Badge in the available records; however, the FSM's WD AGO Form 66-1 (Officer's and Warrant Officer's Qualification Record) shows he was awarded the Combat Medical Badge per Headquarters, 164th Infantry, General Orders Number 14, dated 27 April 1945.
6. The FSM's WD AGO Form 100 (Separation Qualification Record) shows the FSM served as the battalion surgeon in an infantry battalion and a field artillery battalion in the South Pacific. This form also shows, among other decorations, he is entitled to the Combat Medical Badge.
7. Army Regulation 600-45 (Decorations), effective 13 October 1949, provided that the Bronze Star Medal was 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.
DISCUSSION AND CONCLUSIONS:
Based on award of the Combat Medical Badge, the FSM is eligible for award of the Bronze Star Medal. Therefore, his WD AGO Form 53-98 should be corrected to show this award.
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 is 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. posthumously awarding the FSM the Bronze Star Medal based on award of the Combat Medical Badge and
b. adding the Bronze Star Medal to his WD AGO Form 53-98.
____________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) AR20100013599
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100013599
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130003148
The applicant, the son of the deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service) to show he served in the Asiatic-Pacific Theater of Operations (APTO) with campaign participation credit. Records also show the FSM was awarded the Asiatic-Pacific Campaign Medal. The evidence of record further shows a BSM certificate was issued on 20 November 2000 that awarded the FSM the BSM for...
ARMY | BCMR | CY2012 | 20120001148
The FSM's military service records are not available to the Board for review. Therefore, it would be appropriate to correct the FSM's records to show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. issuing orders and a DA Form 4980-10 (Purple Heart Certificate) awarding the FSM the Purple Heart for wounds received in action in the Asiatic-Pacific Theater of Operations on 19 May 1945; b....
ARMY | BCMR | CY2013 | 20130015846
Army Regulation 600-8-22 (Military Awards) states the Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific theater of operations between 7 December 1941 and 2 March 1946. Therefore, he is entitled to award of the Asiatic-Pacific Campaign Medal with two bronze service stars and his WD AGO Form 53-55 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding...
ARMY | BCMR | CY2013 | 20130010144
The evidence of record shows the FSM was wounded in battle in Luzon on or around 26 May 1945. His unit was awarded occupation credit for service in Japan; therefore, he is entitled to correction of his WD AGO Form 53-55 to add the Army of Occupation Medal with Japan Clasp. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his WD AGO Form 53-55 the Asiatic-Pacific Campaign Medal; b. awarding him the: *...
ARMY | BCMR | CY2005 | 20050005049C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 January 2006 DOCKET NUMBER: AR20050005049 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that his WD AGO Form 53-98, Military Record and Report of Separation – Certificate of Service, be corrected to add his campaign and to show the correct awards to which he is...
ARMY | BCMR | CY2013 | 20130013056
His father was never awarded the Prisoner of War Medal which he requested after his father died. c. If the Board states his father doesn't meet the requirements for the Combat Infantryman Badge and Bronze Star Medal, then the Board is saying his father never served as an infantryman, in combat, against a hostile enemy. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding the FSM the Combat Infantryman Badge during...
ARMY | BCMR | CY2014 | 20140008265
Army Regulation 600-8-22 (Military Awards) provides: a. The evidence shows that the FSMs records contain administrative errors which do not require action by the Board. Therefore, the Board requests that the ARBA CMD administratively correct the records of the former service member concerned by: * awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge for service in World War II from 4 October 1943 to 2 September 1945 * adding to item 33 of the FSM's WD AGO...
ARMY | BCMR | CY2009 | 20090020609
The applicant, the widow of a deceased former service member (FSM), requests correction of the FFM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Bronze Star Medal (BSM), American Defense Service Medal (ADSM), and the Army of Occupation Medal (AOM) with Japan Clasp. Therefore, the FSM's should be awarded the Bronze Star Medal based on award of the Combat Infantry Badge and correction of his WD AGO Form 53-55 to show this award. As...
ARMY | BCMR | CY2013 | 20130000878
The changes to the names for the awards listed on the WD AGO Form 53-55 are as follows: * American Defense Service Ribbon - is now called a Medal * the Good Conduct Ribbon - is now called a Medal * Asiatic-Pacific Ribbon - now known as the Asiatic-Pacific Campaign Medal * Purple Heart remains unchanged * the Distinguished Unit Badge - is now known as the Presidential Unit Citation * Combat Infantryman qualification - is now shown as an award of the Combat Infantryman Badge * the Lapel...
ARMY | BCMR | CY2010 | 20100013067
Application for correction of military records (with supporting documents provided, if any). Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows 3 Overseas Service Bars, Asiatic-Pacific Campaign Medal with two bronze service stars, Army Good Conduct Medal, Purple Heart, and the World War II Victory Medal as authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. posthumously awarding the FSM...