BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120005831
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 awarded of the Bronze Star Medal and the Philippine Presidential Unit Citation and correction of his record to reflect these awards.
2. The applicant states he recently discovered he is authorized the Bronze Star Medal and the Philippine Presidential Unit Citation for his service with
Company H, 108th Infantry Regiment.
3. The applicant provides a three-page letter explaining his application and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
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 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, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States at Fort Douglas, UT on 14 June 1944. He completed his training and he departed for the Asiatic-Pacific Theater of Operation (APTO) on 6 February 1945. He arrived in the APTO on 5 March 1945 and he was assigned to the 108th Infantry Regiment.
4. He departed the APTO for assignment to Fort Douglas and he arrived in the continental United States on 6 April 1946 where he was honorably discharged on 11 April 1946. The WD AGO Form 53-55 he was issued at the time shows he was awarded the:
* Asiatic-Pacific Theater Ribbon
* Philippine Liberation Service Ribbon with one bronze service star and arrowhead device
* Army Good Conduct Medal
* World War II Victory Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Carbine Bar (M-1)
5. 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 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.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving during World War II and the Korean War. This pamphlet shows the unit to which the applicant was assigned was cited for award of the Philippine Presidential Unit Citation for the period 17 October 1944 through 54 July 1945 by Department of the Army General Orders Number 47, dated 1950.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that he is entitled to award of the Bronze Star Medal and the Philippine Presidential Unit Citation has been noted and found to have merit.
2. The applicant was awarded the Combat Infantryman Badge during World
War II. Therefore, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.
3. Additionally, he was serving with the 108th Infantry Regiment during the period it was cited for award of the Philippine Presidential Unit Citation. Therefore, his WD AGO Form 53-55 should be corrected to show this foreign unit award.
BOARD VOTE:
___x_____ __x_____ ___x___ GRANT FULL RELIEF
________ ________ ________ 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 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 Combat Infantryman Badge, and
b. adding to his WD AGO Form 53-55 the Bronze Star Medal and the Philippine Presidential Unit Citation.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during World War II 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) AR20120005831
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ABCMR Record of Proceedings (cont) AR20120005831
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