BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100018058 


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 son of a deceased former service member (FSM), requests award of the Bronze Star Medal (BSM).

2.  The applicant states his father should be awarded the BSM for his actions in the Philippine Islands campaign during World War II (WWII) between
7 December 1941 and 10 May 1942, as authorized in the Army’s awards regulation.

3.  The applicant also states there should be no time limit on granting awards and decorations for service members.

4.  The applicant provides the following documents:

* the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* the FSM's Honorable Discharge Certificate
* the FSM Death Certificate
* the FSM Spouse Death Certificate
* his Birth Certificate

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  This case is being considered using FSM's WD AGO Form 53-55 and the other documents submitted by the applicant and miscellaneous documents in the NPRC file.

3.  The FSM’s WD AGO Form 53-55 shows he enlisted in the Army National Guard on 3 March 1940 and he entered active service on 6 January 1941.  On 29 June 1945, he was discharged for the convenience of the Government for the purpose of enlisting in the Regular Army.  He enlisted on 30 June 1945 for a period of 2 years.  The FSM's WD AGO Form 53-55 further shows he served in the Philippine Islands from 16 September 1941 to 7 September 1945.

4.  Item 32 (Battles and Campaigns) shows he participated in the Philippine Defense campaign of WWII.

5.  Item 33 (Decorations and Citations) of the FSM’s WD AGO Form 53-55 shows the:

* American Defense Ribbon with 1 bronze service star
* Asiatic-Pacific Theater Ribbon with 1 bronze service star
* Philippine Defense Ribbon with 1 bronze service star
* Army Good Conduct Medal with clasp
* Distinguished Unit Citation with 3 Oak Leaf Clusters 
* WWII Victory Ribbon
* American Theater Ribbon
* Purple Heart

6.  Item 34 (Wounds Received in Action) of the FSM’s WD AGO Form 53-55 confirms he was wounded in action at Bataan on 9 April 1942.


7.  A National Archives and Records Administration (NARA) registry form in the FSM’s NPRC file, dated 22 July 2010, confirms the FSM was a Prisoner of War (POW) from 7 May 1942 through 12 September 1945.

8.  The FSM’s WD AGO Form 53-55 confirms he was honorably discharged on 29 June 1946 in the rank of first sergeant.  He completed 6 years, 3 months, and 26 days of total military service.

9.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Paragraph 2-9 contains guidance on the POW Medal.  It states it is authorized to members who, while serving in any capacity with the United States Armed Forces, was taken prisoner and held captive after 5 April 1917.

10.  Army Regulation 600-8-22, paragraph 3-14 provides guidance on award of the BSM.  Paragraph 3-14d(3) provides guidance on award of the BSM for participation in the Philippine Defense Campaign between 7 December 1941 and 10 May 1942.  It states it is authorized for performance of duty on the island of Luzon or the Harbor Defenses in Corregidor and Bataan.  Only Soldiers who were awarded the Distinguished Unit Citation (DUC), now known as the Presidential Unit Citation, may be awarded this decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the FSM should be awarded the BSM for his participation in the Philippine Island campaign has been carefully considered and found to have merit.

2.  By regulation, the BSM is authorized for members who performed duties on the Island of Luzon or the Harbor Defenses in Corregidor and Bataan, and who received the DUC.  The FSM’s WD AGO Form 53-55 confirms he participated in the Philippine Island campaign.  Therefore, it would be appropriate to award the FSM the BSM and to add this award to his WD AGO Form 53-55.

3.  The FSM’s WD AGO Form 53-55 also shows he was wounded at Bataan and a NARA form in the NPRC file confirms he was a POW from 7 May 1942 through 12 September 1945.  Therefore, it would also be appropriate to award the FSM the POW Medal and to add this award to his WD AGO Form 53-55.


BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the FSM the Bronze Star Medal and the Prisoner of War Medal and adding these awards to item 33 of his WD AGO Form 53-55.

2.  The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20100018058



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ABCMR Record of Proceedings (cont)                                         AR20100018058



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