IN THE CASE OF:	  

		BOARD DATE:  25 July 2013

		DOCKET NUMBER:  AR20120022829 


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 his participation in the "Okinawa" Campaign.

2.  The applicant states he was in the initial landing on Okinawa.  He was removed to a hospital ship on the 4th or 5th day and was transported to a hospital in Saipan where he was treated for acute infectious hepatitis.  He was moved to hospitals in Hawaii and California and then to Indiana where he was discharged.  He states his WD AGO Form 53-55 reflects his participation in the "Philippines" Campaign but does not reflect the "Okinawa" Campaign.

3.  The applicant provides a copy of correspondence he received from the National Archives and Records Service.

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 documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 22 February 1943 and entered active duty in Cleveland, Ohio, on 1 March 1943.  He completed his training as an infantryman and departed for Hawaii with the 383d Infantry Regiment, 196th Infantry Division.

4.  On 20 October 1944, his unit made an assault landing in the Leyte Gulf, Philippines.  On 1 April 1945, his unit made an assault landing on Okinawa.

5.  The applicant returned to the United States on 17 July 1945 and he was honorably discharged at Wakeman General Hospital at Camp Atterbury, Indiana, with a Certificate of Disability on 29 September 1945.  His WD AGO Form 53-55 shows he participated in the "Philippines" Campaign and he was awarded or authorized the Army Good Conduct Medal, Philippine Campaign Medal with two bronze service stars, Asiatic-Pacific Campaign Medal with one bronze service star, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

6.  On 6 September 1979, the U.S. Army Reserve Components Personnel and Administration Center authorized issuance of the Bronze Star Medal based on the applicant's award of the Combat Infantryman Badge.

7.  On 12 October 1979, the U.S. Army Reserve Components Personnel Administration Center authorized issuance of medal sets for awards of the Meritorious Unit Commendation, American Campaign Medal, and World War II Victory Medal.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 is considered to be a citation in orders for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.

	b.  A bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B.

	c.  The arrowhead device 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.  This regulation states, in part, the arrowhead device is authorized for wear on the Asiatic-Pacific Campaign Medal.

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

	e.  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 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 1 year.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in World War II and the Korean War.  This pamphlet shows the 383d Infantry Regiment participated in the Leyte (i.e., Phillipines) and Ryukyus (i.e., Okinawa) Campaigns and was:

* awarded the Meritorious Unit Commendation for actions during the period 20 October 1944 through 20 June 1945 by Department of the Army General Orders (DAGO) Number 656, dated 29 August 1945
* credited with an assault landing at Leyte from 20-23 October 1944 by DAGO Number 109, dated 1946
* credited with an assault landing at Okinawa on 1 April 1945 by DAGO Number 37, dated 1950
* awarded the Philippine Republic Presidential Unit Citation for actions during the period 17 October 1944-4 July 1945 by DAGO Number 47, dated 1950

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his participation in the invasion of Okinawa should be reflected on his WD AGO Form 53-55 has been noted and appears to have merit.  The applicant was awarded two bronze service stars for wear on his Philippine Liberation Medal but only one campaign was reflected.

2.  The applicant participated in the Leyte and Ryukyus Campaigns.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the Leyte Campaign in lieu of the "Philippines" Campaign and to add the Ryukyus Campaign.

3.  The applicant participated in an assault landing at Leyte and is entitled to have the arrowhead device added to the Asiatic-Pacific Campaign Medal.

4.  The applicant was awarded the Bronze Star Medal, American Campaign Medal, Meritorious Unit Commendation, Philippine Republic Presidential Unit Citation, and World War II Victory Medal and is entitled to have these awards added to his WD AGO Form 53-55 at this time.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his WD AGO Form 53-55 as follows:

* deleting the "Philippines" Campaign
* adding the Leyte and Ryukyus Campaigns
* deleting award of the Asiatic-Pacific Campaign Medal with one bronze service star
* adding award of the Bronze Star Medal, American Campaign Medal, Asiatic-Pacific Campaign Medal with one bronze service star and arrowhead device, Meritorious Unit Commendation, Philippine Republic Presidential Unit Citation, and World War II Victory Medal

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)                                         AR20120022829



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ABCMR Record of Proceedings (cont)                                         AR20120022829



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