IN THE CASE OF: 

		BOARD DATE: 8 September 2011

		DOCKET NUMBER:  AR20110003228


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 issuance of the following awards earned by his late father:

* Bronze Star Medal (BSM)
* Distinguished Unit Citation (DUC) (redesignated as the Presidential Unit Citation (PUC) (Army) in 1966)
* Meritorious Unit Commendation (MUC)
* Philippine Presidential Unit Citation
* American Defense Service Medal (ADSM)
* Army Good Conduct Medal (AGCM)
* Asiatic-Pacific Campaign Medal (APCM) with 2 bronze service stars
* Philippine Liberation Medal with one bronze service star
* 6 overseas service bars

2.  The applicant states:

	a.   the FSM was a member of the 128th Infantry Regiment from 14 May 1942 to 27 April 1945;

	b.  the FSM earned the Combat Infantryman Badge (CIB), APCM with 2 bronze service stars, Philippine Liberation Medal with bronze service star, Distinguished Unit Badge, and participated in the Papua, New Guinea, and Luzon campaigns; and

	c.  the FSM returned home a broken man, a chronic alcoholic, and a very troubled man whom the family lost to alcoholism in the late 1950's;

	d.  the FSM served his country honorably, yet suffered because of his service and having been admitted to the hospital several times in an attempt to control his disease, failed and became a homeless drunk; and

	e.  in order to regain some degree of honor and recognition in the FSM's death, he request receipt of the awards he earned during World War II.

3.  The applicant provides:

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

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 requested a replacement medal set for his father's authorized awards; however, the ABCMR does not issue replacement sets.  The applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, MO 63138.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or completing a Standard Form 180 

(which is available for download at the same website.  At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  All requests must be signed and dated.

3.  Based on the information provided and confirmation of the FSM's entitlement to the ADSM, AGCM, APCM with 2 bronze service stars, Philippine Liberation Medal with one bronze service star, and 6 Overseas Service Bars, the applicant’s request for replacement of these medals will not be discussed further in these proceedings.

4.  The FSM’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  This case is being considered using the documents submitted by the applicant which primarily consist of the FSM’S WD AGO Form 53-55.

5.  The FSM’s WD AGO Form 53-55 shows he was inducted into the Army from the Wisconsin Army National Guard (WIARNG) and he entered active duty on
15 October 1940.  It shows he served in the Pacific Theater of Operations (PTO) from 14 May 1942 to 27 April 1945, and that he was credited with participating in the Papuan, New Guinea, and Luzon campaigns.

6.  Item 31 (Military Qualification and Date) of the FSM’s WD AGO Form 53-55 shows he was awarded the CIB.  Item 33 (Decorations and Citations) shows the:

* ADSM
* AGCM
* APCM with 2 bronze service stars
* PUC
* Philippine Liberation Medal with one bronze service star
* 6 Overseas Service Bars

7.  The FSM's WD AGO Form 53-55 shows he was honorably released from active duty on 26 May 1945 at demobilization and he was returned to the WIARNG for disposition.  It also shows he completed 4 years, 8 months, and
7 days of creditable active service which included 3 years and 4 days of foreign service.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 3-13d(2) states the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

9.  Army Regulation 600-8-22, paragraph 5-11, provides 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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in World War II and the Korean War.  This pamphlet shows the 128th Infantry Regiment, 32d Infantry Division, the unit to which the FSM was assigned, was cited for award of the Philippine Presidential Unit Citation for the period 17 October 1944 through 4 July 1945 by Department of the Army General Orders (DAGO)
Number 47, dated 1950.

11.  This pamphlet also shows the 128th Infantry Regiment, 32nd Infantry Division was cited for award of the Meritorious Unit Commendation for:

* Medical Detachment only for the period 14 November 1944 through          1 June 1945 by GO Number 286, Headquarters, 32d Infantry Division, dated 31 August 1945
* Service Company only for the period 14 November 1944 through 25 May 1945 by GO Number 294, same headquarters, dated 4 September 1945

12.  This pamphlet further shows the FSM's unit was credited with campaign participation credit for the Leyte campaign during the period 17 October 1944 through 1 July 1945.

13.  Army Regulation 600-8-22 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.  Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in 
combat.  A bronze service star is authorized with this award for each campaign a member is credited with participating in.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM earned the BSM, MUC, and the Philippine Presidential Unit Citation.
2.  The evidence confirms the FSM earned the CIB during his period of service.  Therefore, based on award of the CIB, the FSM is entitled to the posthumous award of the BSM and correction of his WD AGO Form 53-55 to show this award.

3.  The FSM's honorably served during World War II.  Therefore, the FSM is entitled to the World War II Victory Medal and correction of his WD AGO Form 53-55 to show this award.

4.  The FSM's WD AGO Form 53-55 shows the Distinguished Unit Badge.  However, this is not an authorized award in the Department of the Army's inventory of awards.  The appropriate name is the Distinguished Unit Citation, which was redesignated the Presidential Unit Citation.  Therefore, the FSM's
WD AGO Form 53-55 should be corrected to show the proper name for this award.

5.  The FSM's unit was cited for award of the Philippine Presidential Unit Citation during his period of assignment.  Therefore, the FSM is entitled to the Philippine Presidential Unit Citation and correction of his WD AGO Form 53-55 to show this unit award.

6.  Records show the FSM participated in four campaign phases during his service in the PTO.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Asiatic-Pacific Campaign Medal and correction of his WD AGO Form 53-55 to show these bronze service stars.

7.  The evidence of record shows only the Medical Detachment and the Service Company of the 128th Infantry Regiment were cited for award of the MUC during the FSM's tenure on active duty.  Therefore, there is no basis for granting this portion of the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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.  deleting from the FSM's WD AGO Form 53-55 the Distinguished Unit Badge and the Asiatic-Pacific Campaign Medal with 2 bronze service stars;

	b.  posthumously awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge;

	c.  adding to item 33 of the FSM's WD AGO Form 53-55 the:

* Bronze Star Medal
* World War II Victory Medal
* Asiatic-Pacific Campaign Medal with 4 bronze service stars
* Presidential Unit Citation
* Philippine Presidential Unit Citation

	d.  issuing to the applicant the above awards.

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 award of the Meritorious Unit Commendation.



      _________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)                                         AR20110003228



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ABCMR Record of Proceedings (cont)                                         AR20110003228



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