BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120004848 


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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show one bronze service star on his Philippine Liberation Medal and a machinegun bar on his Expert Marksmanship Qualification Badge.

2.  The applicant states that he was in the first wave of the Philippine invasion and there should be a special device to denote that he was a part of the original landing force.  He goes on to state that he carried the Browning Automatic Rifle (BAR) and was never awarded the automatic weapons device for his marksmanship ribbon.

3.  The applicant provides a copy of his WD AGO Form 53-55 and a WD AGO Form 100 (Separation Qualification Record).

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the applicant has provided sufficient documents to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 8 February 1943 and entered active duty in Buffalo, New York on 15 February 1943.  He completed his training as a rifleman and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  He departed the United States for the Asiatic-Pacific Theater (APT) of Operations on 29 September 1943 and he was assigned to Company K, 160th Infantry Regiment, 40th Infantry Division.  He participated in the Luzon, Philippine Islands, and Bismarck Archipelago campaigns.  He was wounded in action by enemy mortar fire near Clark Field, Luzon, Philippines on 20 January 1945.

4.  He departed the APT on 20 April 1945 and was subsequently transferred to Ashford General Hospital, White Sulfur Springs, West Virginia where he was honorably discharged on 23 October 1945 with a Certificate of Disability for Discharge.  His WD AGO Form 53-55 shows he was awarded the Expert Marksmanship Qualification Badge with M1 Rifle Bar, three bronze service stars, the Philippine Liberation Ribbon, Combat Infantryman Badge (CIB), Good Conduct Medal, Purple Heart, and a bronze arrowhead device. 

5.  On 5 January 1968, the Department of the Army, Office of the Adjutant General awarded the applicant the Bronze Star Medal (BSM) based on his award of the CIB.  However, that award was not added to his WD AGO Form 53-55.

6.  On 27 August 1996, the U.S. Army Reserve Personnel Center (ARPERCEN) authorized the issuance of medal sets for the American Campaign Medal, Asiatic-Pacific Campaign Medal with three bronze service stars and arrowhead device, WWII Victory Medal, and Philippine Liberation Medal.

7.  A review of the available records indicates that he served as a rifleman and as an ammunition bearer of a BAR team that supplied an automatic rifle with ammunition.  The available records also show that he was awarded the Philippine Liberation Medal with one bronze service star in General Order Number 6 issued by the Commonwealth of the Philippines and was authorized the arrowhead device for the Luzon landing.  It also shows under weapons qualifications that the only weapon in which he qualified was the M1 Rifle. 
8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  This regulation states:

	a.  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 Combat Infantryman Badge 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.

	b.  The World War II Victory Medal is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.

	c.  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.

	d.  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.

	e.  The Philippine Republic Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 to 
10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive.  Not more than one Philippine Republic Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized.  

	f.  The “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal. 

	g.  Additionally, this regulation sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) establishes eligibility for occupation duty credit for WWII and the Korean War.  It shows that the applicant’s unit was awarded the Philippine Presidential Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was eligible for the Philippine Liberation Medal with one bronze service star, Asiatic-Pacific Theater Ribbon with three bronze service stars and Arrowhead Device, BSM, WWII Victory Medal, and American Campaign Medal.  Accordingly, he is entitled to have those awards properly depicted on his 
WD AGO Form 53-55.

2.  His unit was also awarded the Philippine Presidential Unit Citation and he is entitled have that award added to his WD AGO Form 53-55.

3.  However, there is no evidence of record and the applicant has not provided any evidence to show he was authorized award of an automatic rifle or machinegun bar to his Expert Marksmanship Qualification Badge.  While the available records show that he was on a BAR team as an ammo bearer, it does not automatically convey weapons qualification.  Accordingly, there is no basis to grant that portion of his request.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  __x_____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the entries “Three Bronze Service Stars, Philippine Liberation Ribbon and Bronze Arrow Head” from his WD AGO Form 53-55.

   b.  Adding the awards of the Philippine Liberation Ribbon with one bronze service star, the Asiatic-Pacific Theater Ribbon with three bronze service stars and Arrowhead device, BSM, WWII Victory Medal, American Campaign Medal, and Philippine Presidential Unit Citation to his WD AGO Form 53-55.

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 adding the automatic rifle or machinegun bar to his WD AGO Form 53-55.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during WWII are deeply appreciated.  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)                                         AR20120004848



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ABCMR Record of Proceedings (cont)                                         AR20120004848



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