IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120001901 


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 award of an unspecified unit citation and the Expert Marksmanship Qualification Badge with Rifle Bar.  He also contends he never received the Marksman Marksmanship Qualification Badge with Rifle and Carbine Bars.  

2.  The applicant states he earned them.

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

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's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 16 February 1943 and he entered active duty on 23 February 1943.  He served as a rifleman in the Asiatic-Pacific Theater of Operations from 25 May 1944 to 3 December 1945 and he was honorably discharged on 9 January 1946.

4.  His WD AGO Form 53-55 shows in:

* Item 6 (Organization) he was assigned to Company K, 475th Infantry Regiment
* Item 31 (Military Qualification and Date) the Marksman Marksmanship Qualification Badge with Rifle Bar (awarded in April 1943), Marksman Marksmanship Qualification Badge with Carbine Bar (awarded in February 1944) and Combat Infantryman Badge (awarded in June 1945)
* Item 32 (Battles and Campaigns) he participated in the Central Burma, China, and India-Burma campaigns
* Item 33 (Decorations and Citations) the:

* American Service Medal
* Army Good Conduct Medal
* World War II Victory Medal
* Asiatic-Pacific Service Medal

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows awards and citations authorized for units that served during World War II.  This pamphlet shows the 475th Infantry Regiment did not receive any unit citations (e.g., the Distinguished Unit Citation or Meritorious Unit Commendation) during World War II.

6.  There is no evidence which shows he received the Expert Marksmanship Qualification Badge with Rifle Bar. 

7.  His records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 5 November 2001, which show he was issued the Marksman Marksmanship Qualification Badge with Rifle and Carbine Bars.


8.  Army Regulation 600-8-22 (Military Awards) 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. 

9.  Army Regulation 600-8-22 states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.  

10.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided that the Bronze Star Medal was 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 Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was assigned to Company K, 475th Infantry Regiment during his assignment in the Asiatic-Pacific Theater of Operations.  Since the Department of the Army Pamphlet 672-1 shows the 475th Infantry Regiment did not receive the Distinguished Unit Citation or Meritorious Unit Commendation during World War II, there is no basis for granting the applicant's request for a unit citation.

2.  There is no evidence of record, and the applicant did not provide any evidence, which shows he received the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, there is insufficient evidence on which to base award of this marksmanship badge. 


3.  The applicant contends he never received the Marksman Marksmanship Qualification Badge with Rifle and Carbine Bars.  However, his WD AGO Form 53-55 shows entitlement to these badges and evidence shows he was issued these badges in 2001.  

4.  The applicant's WD AGO Form 53-55 shows the Asiatic-Pacific Campaign Medal.  However, he participated in three campaigns during World War II which entitles him to the Asiatic-Pacific Campaign Medal with three bronze service stars.  His WD AGO Form 53-55 should be corrected to show these awards.   

5.  Based on award of the Combat Infantryman Badge, he is entitled to the Bronze Star Medal.  His WD AGO Form 53-55 should be corrected to show this medal. 

6.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

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 determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by awarding him the Bronze Star Medal (based on award of the Combat Infantryman Badge)  and adding it and three bronze service stars for wear on his already-awarded Asiatic-Pacific Campaign Medal to his WD AGO Form 53-55. 




      _______ _   __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)                                         AR20120001901





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ABCMR Record of Proceedings (cont)                                         AR20120001901



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