IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110018731
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 her deceased father, a former service member (FSM), be awarded the Bronze Star Medal (BSM).
2. The applicant states she believes her father is eligible to be awarded the BSM based on his having earned the Combat Infantryman Badge (CIB) during World War II (WWII).
3. The applicant provides the FSMs death certificate, FSMs WD AGO Form
53-55 (Enlisted Record and Report of Separation-Honorable Discharge), CIB award memorandum, and National Personnel Records Center (NPRC) letter in support of the application.
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 applicant's complete military record is not available for the Board to review. A fire destroyed approximately 18 million service members' records at NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. This case is being considered using reconstructed records maintained by NPRC which include the FSMs WD AGO Form 53-55.
3. The FSMs WD AGO Form 53-55 shows he was inducted into the Army and entered active duty on 30 June 1944. Item 6 (Organization) shows he served with Company E, 184th Infantry Regiment. Item 31 (Military Qualifications) shows he earned the CIB and Item 32 (Battles and Campaigns) shows he participated in the Southern Philippines and Ryukyus campaigns of WWII.
4. Item 33 (Decorations and Citations) of the WD AGO Form 53-55 shows the FSM earned the following awards:
* Purple Heart
* Army Good Conduct Medal
* American Theater Ribbon
* Asiatic Pacific Theater Ribbon (now known as the Asiatic Pacific Campaign Medal (APCM))
* Philippine Liberation Ribbon
* WWII Victory Medal
5. Item 36 (Service Outside the Continental United States and Return) shows the FSM served in the Pacific Theater of Operations (PTO) from 4 January through 1 June 1945. The WD AGO Form 53-55 shows he was honorably separated in the rank of private first class on 28 March 1946.
6. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 3-14d of Army Regulation 600-8-22 states the BSM 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. An award of the CIB is considered to be a citation in orders for the BSM. Therefore, the BSM is to be awarded to individuals who were authorized the CIB for service during WWII.
7. Paragraph 5-14 of the awards regulation contains guidance on the APCM. It states a bronze service star is authorized with this award for each campaign a member is credited with while serving in the PTO.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that the FSM's record be corrected to show award of the BSM has been carefully considered and found to have merit.
2. The available evidence confirms the FSM received the CIB during WWII. As a result, he is eligible to receive the BSM for exemplary conduct in ground combat in the PTO from 4 January through 1 June 1945. Therefore, the BSM should be added to item 33 of his WD AGO Form 53-55.
3. The WD AGO Form 53-55 shows the FSM was credited with participating in two campaigns while serving in the PTO. As a result, he is eligible for 2 bronze service stars to be worn with his APCM and these awards should be added 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:
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 amending item 33 of his WD AGO Form 53-55 by deleting the Asiatic Pacific Theater Ribbon and adding the Asiatic Pacific Campaign Medal with 2 bronze service stars and the Bronze Star Medal.
_______ _ 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) AR20110018731
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018731
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110003228
Item 31 (Military Qualification and Date) of the FSMs WD AGO Form 53-55 shows he was awarded the CIB. 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. 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...
ARMY | BCMR | CY2011 | 20110021507
The evidence of record confirms the applicant served in the Philippines for 49 months and participated in the Philippine Islands (Defense) campaign of WWII. The evidence further shows that based on his service and campaign participation in the PTO in the Philippine Islands, the FSM is also eligible for the Philippine Liberation Ribbon, Philippine Independence Ribbon, and 1 bronze service star to be affixed to the already-awarded Asiatic-Pacific Campaign Medal. As a result, the Board...
ARMY | BCMR | CY2006 | 20060014669C071029
The applicant’s military records are not available to the Board for review. The evidence also confirms the applicant was awarded the CIB, for which he received combat infantry pay, while serving in the PTO. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for being wounded in action in the Pacific Theater of Operations on 16 June 1945, and the Bronze Star Medal for his exemplary conduct...
ARMY | BCMR | CY2011 | 20110015534
The applicant requests correction of his record to show award of the Bronze Star Medal (BSM) and the Combat Infantryman Badge (CIB) (1st Award). Item 31 of his WD AGO Form 53-55 shows he was awarded of the CIB and the memorandum from NPRC shows he was issued the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of his WD AGO 53-55 the Asiatic Pacific Theater Service Medal; b. awarding him the...
ARMY | BCMR | CY2007 | 20070016186
The Board considered the following evidence: Exhibit A - Application for correction of military records. Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55 confirms he received the CIB in May 1945, and Item 33 (Decorations and Citations) shows he earned the following awards: Asiatic-Pacific Campaign Medal; Army Good Conduct Medal; Philippine Liberation Ribbon with 1 bronze service star; and World War II Victory Medal. As a result, the Board recommends that all...
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 | CY2008 | 20080009604
The applicant requests, in effect, that the record of her late father, a former service member (FSM), be reviewed to confirm he was a Silver Star (SS) recipient and confirm his eligibility for the Bronze Star Medal (BSM). The applicant provides the following documents in support of her request: Self-Authored Statement; Power of Attorney; two Certificates of Birth; Pennsylvania Drivers License; VA Form 40-1330 (Application for Standard Government Headstone or Marker); WD AGO Form 53-55...
ARMY | BCMR | CY2006 | 20060011362
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 March 2007 DOCKET NUMBER: AR20060011362 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. X The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence confirms the applicant served in an infantry MOS, in a qualifying unit during his World War II...
ARMY | BCMR | CY2005 | 20050006402C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that the FSM’s separation document (WD AGO Form 53-55) contains the entry “AP Theater 24 Mar 44” in Item 34 (Wounds Received in Action), and that while the FSM was hospitalized for his war wounds, the PH was awarded to him by a general officer (GO). As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2010 | 20100018058
The applicant, the son of a deceased former service member (FSM), requests award of the Bronze Star Medal (BSM). The FSM's military record is not available to the Board for review. 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.