IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100019343
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, in effect, that he be awarded an individual award or badge that qualifies as a combat stressor.
2. The applicant states, in effect, that he served in Leyte in combat and was in the invasion of Cebu in the Philippines and should have been awarded a combat award that qualifies as a verifiable stressor.
3. The applicant provides a hand-written letter and a letter from the Department of Veterans Affairs (VA).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant was inducted in New York City on 12 July 1944. He completed his training as a cook/baker and was transferred to the Western Pacific Theater of Operations (WPTO) on 11 January 1945. He arrived in the WPTO on 18 February 1945 and participated in the Southern Philippines Campaign.
4. He was promoted to the rank of sergeant on 31 May 1946 and was awarded the military occupational specialty of a mess sergeant. He departed the WPTO on 23 July 1946 and was transferred to Fort Dix, New Jersey where he was honorably discharged on 10 August 1946.
5. His WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) issued at the time of his discharge shows that he was awarded the Army of Occupation Medal, the Asiatic-Pacific Campaign Medal, the Good Conduct Medal, the Philippines Liberation Medal, and the World War II Victory Medal.
6. The available records show no evidence of the applicant being awarded or recommended for award of any additional decorations. His final pay worksheet also reflects that he did not receive combat infantryman pay.
7. The VA accepts the awards of the Purple Heart, the Combat Infantryman Badge, a Combat Medical Badge, a valor award, or similar combat citation as conclusive evidence of a combat stressor.
DISCUSSION AND CONCLUSIONS:
1. While it is understood why the applicant desires to be awarded an award that qualifies as a combat stressor there is no evidence that he was awarded such an award or that he was recommended for such an award that was not processed to completion. Therefore, in the absence of such evidence there is no basis to do so at this time.
2. Additionally, the Board has never awarded a badge or award simply for the purpose of qualifying for VA benefits. Accordingly, there is no basis to grant his request.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II. 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) AR20100019343
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