BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120008053
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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show the Combat Infantryman Badge (CIB).
2. The applicant states he was awarded the CIB after his discharge.
3. The applicant provides a WD AGO Form 53-55 and orders for the CIB.
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 that his records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant.
3. His WD AGO Form 53-55 indicates:
a. he was inducted into the Army of the United States and entered active service on 12 October 1944;
b. he was assigned to the 124th Infantry Regiment and he served in the Pacific Theater of Operations (PTO) from 6 May 1945 to 6 September 1946;
c. he participated in the Southern Philippines campaign and he was awarded or authorized the:
* Asiatic-Pacific Campaign Medal with one bronze service star
* World War II Victory Medal
* Army Good Conduct Medal
* Philippine Liberation Ribbon with one bronze service star
d. he was honorably discharged on 26 November 1946 at demobilization.
4. He provided letter orders issued by the War Department, The Adjutant General's Office, Washington, DC, dated 12 December 1946. These orders show he was awarded the CIB, effective 20 May 1945, for satisfactory performance of duty in ground combat against the enemy while attached or assigned to the 124th Infantry.
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 CIB or Combat Medical Badge is considered to be a citation in orders for the Bronze Star Medal. 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) contains a register of unit citations and of campaign
participation credits for World War II. This pamphlet shows the 124th Infantry Regiment was awarded the Philippine Presidential Unit Citation for the period
17 October 1944 through 4 July 1945 by Department of the Army General Orders Number 47, dated 1950.
DISCUSSION AND CONCLUSIONS:
1. Orders awarded the applicant the CIB, effective 20 May 1945. Therefore, his WD AGO Form 53-55 should be corrected to show this award.
2. Based on award of the CIB, he met the criteria for award of the Bronze Star Medal. Therefore, he should be awarded the Bronze Star Medal effective
20 May 1945 and his WD AGO Form 53-55 should be corrected to show this award.
3. Records show his unit in the PTO was cited for award of the Philippine Presidential Unit Citation during his period of assignment. Therefore, his
WD AGO Form 53-55 should also 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:
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, effective 20 May 1945, based upon award of the Combat Infantryman Badge; and
b. adding to his WD AGO Form 53-55 the:
* Bronze Star Medal
* Combat Infantryman Badge
*
Philippine Presidential Unit Citation
_________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) AR20120008053
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120008053
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | 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 | 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 | 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 | CY2005 | 20050003154C070206
The "SGO Files Report," was reviewed for any information that the applicant was wounded in action while he served in the PTO. The evidence shows that the applicant was wounded in action two times while he served in World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart, with oak leaf cluster, or the second wound he sustained in action against the enemy on Cebu Island,...
ARMY | BCMR | CY2006 | 20060011770
X The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that he is requesting a correction to his WD AGO 53-55 to show his correct MOS title in Item 30 and his qualification with the M-1 Rifle and entitlement to the CIB in Item 31. The applicants military records are not available to the Board for review.
ARMY | BCMR | CY2008 | 20080014100
The applicant states, in effect, the FSM was awarded the Combat Infantryman Badge; however, he was never awarded the Bronze Star Medal as provided for in the Executive Order. The evidence of record also shows that an award of the Combat Infantryman Badge is considered to be a citation in orders for the Bronze Star Medal for service during World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM...
ARMY | BCMR | CY2007 | 20070002359
The applicant requests correction of his military records to show award of the Army of Occupation Medal with Japan Clasp. The applicant's military records are not available for review. Therefore, his records should be corrected to show this award.
ARMY | BCMR | CY2014 | 20140016093
The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of his deceased father, a former service member (FSM), be corrected to show his unit awards during World War II. The FSM's records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 33 of the FSM's WD AGO Form 53-55 the Philippine Presidential Unit Citation...
ARMY | BCMR | CY2004 | 2004103776C070208
This case is being considered using reconstructed records, which primarily consist of the applicant’s separation document and an Authorization for Issuance of Awards (DA Form 1577). However, by regulation, in order to support awarding a member the PH, it is necessary to establish that a member was wounded or injured in action, that the wound required medical treatment, and that the medical treatment was made a matter of official record. Therefore, the Board requests that the CMSD-St. Louis...