BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110011844 


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, correction of the separation documents of her deceased father, a former service member (FSM), to show all awards that he may be entitled to receive.  Specifically, she requests the following:

* Bronze Star Medal
* World War II (WWII) Victory Medal
* American Campaign Medal
* Presidential Unit Citation with a silver oak leaf cluster (OLC)

2.  She states that the FSM served behind enemy lines during WWII as a member of the MARS Task Force.  She adds that the above awards were omitted from his separation documents.  Additionally, she states the Distinguished Unit Badge listed on his WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge) was upgraded in 1966 to the Presidential Unit Citation. 

3.  She provides an internet article titled "CBI [China-Burma-India Theater] Order of Battle Lineages and History MARS Task Force" and the FSM's:

* WD AGO Form 53-55
* WD AGO Form 100 (Army Separation Qualification Record)
* Honorable Discharge Certificate
* Death 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 records are not available to the ABCMR 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 for the ABCMR to conduct a fair and impartial review of this case.

3.  Records available to the Board show that the FSM enlisted in the National Guard on 13 June 1940.  His organization was listed as Headquarters and Headquarters Company, 2nd Battalion, 475th Infantry Regiment.  He was credited with 2 years, 1 month, and 1 day in the continental United States (including over 1 year, during the period 12 March 1943 to 23 April 1944) and     2 years, 2 months, and 22 days of foreign service.  He was honorably discharged on 7 August 1945.

4.  The FSM's WD AGO Form 53-55 shows 	in:

* Item 31 (Military Qualification and Date), Combat Infantryman Badge (CIB) 
* Item 32 (Battles and Campaigns) 

* Central Burma
* India Burma

* Item 33 (Decorations and Citations)

* American Defense Service Medal
* Asiatic-Pacific Campaign Medal 
* Distinguished Unit Badge
* Good Conduct Medal 

5.  The internet article provides a narrative report of the MARS Task Force.  It states that the force was designed as a long range penetration force and training, equipment, and organization were all directed toward this end.

6.  The FSM died on 29 May 1994.

7.  Army Regulation 600-8-22 (Military Awards) states 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 CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

8.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

9.  Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and
2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

10.  Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

11.  Army Regulation 600-8-22 states an oak leaf cluster is authorized for wear for each additional award of the Presidential Unit Citation.  A silver OLC is worn instead of five bronze OLCs.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM was awarded the CIB.  Based on the award of the CIB, he is entitled to the award of the BSM.  Therefore, he is entitled to correction of his records to show this award.

2.  Evidence of record shows the FSM completed a qualifying period of service for the award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

3.  The FSM's WD AGO Form 53-55 shows he served in the continental United States for 2 years, 1, month, and 1 day between 15 October 1940 and 7 August 1945 and for more than one year between March 1943 and April 1944.  Therefore, the FSM is authorized the American Campaign Medal and entitled to correction of his records to show this award.  

4.  The regulation, as cited above, confirms the Distinguished Unit Citation was redesignated as Presidential Unit Citation in 1966.  However, the redesignation of Distinguished Unit Citation does not mean that units receiving this award prior to 1966 are now authorized the Presidential Unit Citation.  The evidence of record shows that at the time of issuance, the award was correctly known as the Distinguished Unit Citation.  In addition, there is no evidence to show his unit was awarded the Distinguished Unit Citation/Presidential Unit Citation more than once.  Therefore, in regard to the award of the Presidential Unit Citation with a silver OLC, his WD AGO Form 53-55 is correct as constituted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_x___  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the Bronze Star Medal based on award of the CIB and
	b.  adding the following awards to his WD AGO Form 53-55:

* Bronze Star Medal
* World War II Victory Medal
* American Campaign Medal

2.  The Board further determined 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 the Presidential Unit Citation with a silver OLC.



      _______ _ 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)                                         AR20110011844





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ABCMR Record of Proceedings (cont)                                         AR20110011844



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