IN THE CASE OF:	  

		BOARD DATE:	 26 July 2012 

		DOCKET NUMBER:  AR20120008106 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his prisoner of war (POW) status and award of the:

* Purple Heart
* Bronze Star Medal
* Combat Infantryman Badge
* Philippine Defense Ribbon with one bronze service star
* Philippine Presidential Unit Citation

2.  The applicant states the requested awards are missing from his DD Form 214.

3.  The applicant provides:

* DD Form 214 for the period ending 31 March 1959
* DD Forms 214 (Report of Separation from Active Duty) for the period ending 30 November 1953 and 30 June 1956
* WD AGO Forms 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) for the period ending 20 February 1946 and
30 March 1949
* Printout from the U.S. National Archives and Records Administration
* Office of the Adjutant General Official Statement of POW status
* 
Presidential "Welcome Back" letter
* Membership Card:  The American Defenders of Bataan and Corregidor, Inc
* Membership Card:  Combat Infantryman Badge
* National Membership Card:  American Ex-Prisoners of War
* Permanent Order 132-02, issued by the U.S. Army Human Resources Command, dated 12 May 2006, for award of the Purple Heart
* Letters from The Adjutant General verifying award of the Combat Infantryman Badge

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 was inducted into the Army of the United States and he entered active service on 31 August 1935.  He held military occupational specialty (MOS) 745 (Rifleman).  He was honorably discharged on 20 February 1946 to enlist in the Regular Army (RA).

3.  On 21 February 1946, he enlisted in the RA.  He served in a variety of stateside or overseas assignments to include assignment to Germany in 1947, and he attained the rank/grade of sergeant (SGT)/E-5.

4.  On 30 June 1956, he was retired by reason of sufficient service for retirement in the rank/grade of specialist five (SP5)/E-5.  He was transferred to the U.S. Army Reserve (Retired) with over 20 years of active federal service.

5.  On 1 April 1957, he was called from inactive duty for a period of 2 years.  On 31 March 1959, he was honorably returned to his retired status and transferred to 

the USAR.  He was issued several discharge and/or separation documents during his military service.

6.  He served in the Pacific Theater of Operations (PTO) from 21 May 1940 to 20 September 1945.  He was assigned to the 1st Battalion, 31st Infantry Regiment, 7th Infantry Division and he was engaged in ground combat against the enemy at Bataan and Corregidor.  He was reported as a POW of the Japanese Government in the Philippine Islands on 7 May 1942.  An Official Statement from the U.S. Army Reserve Components Personnel and Administration Center, furnished on 19 November 1985, shows he was a POW from 6 May 1942 to 6 September 1945.

7.  Section 9 (Remarks – Administrative) of his WD AGO Form 24 (Service Record) shows he was authorized to wear the:

* American Defense Medal with one bronze service star
* Asiatic-Pacific Medal with one bronze service star
* Philippines Defense Ribbon with one bronze service star
* Philippines Liberation Ribbon 
* World War II Victory Medal
* Army Good Conduct Medal
* Distinguished Unit Badge (now known as the Presidential Unit Citation) (3rd Award)

8.  Section 21 (Medals, Decorations and Citations) of his WD AGO Form 24 also shows the Army of Occupation Medal.

9.  His WD Form 53-55 for the period 31 August 1935 through 20 February 1946 shows in:

* Item 32 (Battles and Campaigns), he participated in the Philippine campaign during his service in World War II
* Item 33 (Decorations and Citations), the:

* World War II Victory Medal
* Army Good Conduct Medal (2nd Award)
* Presidential Unit Citation (3rd Award)
* American Defense Ribbon with one bronze service star
* Asiatic Pacific Ribbon with one bronze service star
* Philippine Liberation Ribbon


10.  War Department Letter Orders, dated 22 May 1947, awarded the applicant the Combat Infantryman Badge for satisfactory performance of duty in ground 
combat against the enemy while attached or assigned to the 31st Infantry Regiment.

11.  His WD AGO Form 53-55 for the period 21 February 1946 to 30 March 1949 shows he was awarded the World War II Victory Medal and the Army of Occupation Medal.

12.  He reenlisted in the Regular Army on 28 June 1949 and he held MOS 1037 (Meat Cutter).

13.  Letter Orders issued by the Department of the Army, Office of the Adjutant General, dated 13 November 1951, awarded the applicant the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy while assigned to the 31st Infantry during the Philippine Island Campaign in the PTO.

14.  Additionally on 13 November 1951, the same office confirmed the applicant's entitlement to the:

* Army Good Conduct Medal with three loops (3rd Award)
* Presidential Unit Citation with two oak leaf clusters (3rd Award)
* American Defense Service Medal with Foreign Clasp
* Asiatic-Pacific Campaign Medal with one bronze service star
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Combat Infantryman Badge
* Philippine Defense Ribbon with one bronze service star
* Philippine Presidential Unit Citation Badge

15.  His DD Form 214 for the period ending 30 November 1953 shows he was awarded the Army Good Conduct Medal.

16.  He reenlisted in the Regular Army on 1 December 1953 and he held MOS 941.20 (Cook).  He served in Germany from 18 December 1953 to 18 June 1956.

17.  His DD Form 214 for the period ending 30 June 1956 shows the National Defense Service Medal.

18.  His final DD Form 214 for the period ending 31 March 1959 does not show in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) any awards or decorations.

19.  Permanent Order 132-02, issued by the U.S. Army Human Resources Command (HRC), dated 12 May 2006, awarded him the Purple Heart for wounds received in action while a POW on 7 May 1942.

20.  On 12 May 2006, HRC issued him a DD Form 215 (Correction to DD Form 214) that added the Purple Heart to his DD Form 214 for the period ending
31 March 1959.

21.  Army Regulation 600-8-22 (Military Awards) provides for award of the POW Medal.  This regulation states that the POW Medal was authorized on 8 November 1985 and it is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

22.  Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents.  It states for a Soldier with POW documentation, enter the statement "PRISONER OF WAR, (unit of assignment/country) (date of capture and release date)" in item 32 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was captured by enemy forces and held as a POW of the Japanese Government in the Philippine Islands on 6 May 1942.  He returned to military control on 6 September 1945.  Therefore, it would be appropriate to award him the POW Medal and correct his DD Form 214 for the period ending 31 March 1959, to show his POW status and the POW medal.

2.  The applicant was awarded the Combat Infantryman Badge and the Bronze Star Medal.  Neither of these awards is shown on any of his DD Forms 214.  Therefore, his DD Form 214 for the period ending 31 March 1959 should be corrected to show these awards.

3.  The applicant was awarded multiple awards and decorations that are documented on various forms and documents throughout his tenure of service.  As a matter of clarity, his final DD Form 214 should be corrected to show all his awards and decorations.

4.  In view of the foregoing, the applicant's DD Form 214 for the period ending
31 March 1959 should be corrected as recommended below.


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.  adding to his DD Form 214 for the period ending 31 March 1959 the:

* Bronze Star Medal
* Army of Occupation Medal with Germany Clasp
* American Defense Service Medal with one bronze service star
* Asiatic-Pacific Campaign Medal with one bronze service star
* World War II Victory Medal
* National Defense Service Medal
* Prisoner of War Medal
* Army Good Conduct Medal (3rd Award)
* Presidential Unit Citation (3rd Award)
* Philippine Defense Ribbon with one bronze service star
* Philippine Liberation Ribbon
* Philippine Presidential Unit Citation Badge
* Combat Infantryman Badge 

	b.  adding to item 32 (Remarks) of his DD Form 214 for the period ending 31 March 1959 the entry "PRISONER OF WAR: 31st Infantry Regiment, Japan,  6 May 1942 to 6 September 1945."

2.  The Board wants the applicant and all others to know that 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)                                         AR20120008106



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ABCMR Record of Proceedings (cont)                                         AR20120008106



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