IN THE CASE OF:	  

		BOARD DATE:	    30 July 2013

		DOCKET NUMBER:  AR20130000878 


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 the records of his deceased father, a former service member (FSM), be corrected to show award of the World War II (WW II) Victory Medal.

2.  The applicant states the medal was authorized after the FSM had been released from active duty. 

3.  The applicant provides copies of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) and death certificate.

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 FSM’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.

3.  The FSM’s WD AGO Form 53-55 provides the following:

	a.  service on active duty from 17 April 1941 through 31 May 1945;

	b.  qualification as a Combat Infantryman; 

	c.  participation in the "New Guinea Campaigns";

	d.  award of the "American Defense Service Ribbon," "Good Conduct Ribbon," "Asiatic-Pacific Ribbon" with one battle star, "6 Overseas Bars," Purple Heart, and the "Distinguished Unit Badge."

	e.  service in the Pacific Theater of Operations with the 126th Infantry Regiment from 14 May 1942 through 1 May 1945; 

	f.  was wounded in action on 24 December 1942 on New Guinea; and 

	g.  he was issued a Lapel Button.

4.  The names for the FSM’s awards as shown on the WD AGO Form 53-55 were correct for that period.  However, the names and method of identifying accouterments for several of his awards and decorations have changed with the passage of time.  The changes to the names for the awards listed on the WD AGO Form 53-55 are as follows:  

* American Defense Service Ribbon - is now called a Medal
* the Good Conduct Ribbon - is now called a Medal
* Asiatic-Pacific Ribbon - now known as the Asiatic-Pacific Campaign Medal
* Purple Heart remains unchanged
* the Distinguished Unit Badge - is now known as the Presidential Unit Citation
* Combat Infantryman qualification - is now shown as an award of the Combat Infantryman Badge
* the Lapel Button's full name is the Honorable Service Lapel Button 
* a single Battle Star is now called a bronze service star
* overseas service bars are not awards or decorations but are accouterments to be worn on some but not all uniforms

5.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that during the period the applicant was assigned to the 126th Infantry Regiment, it was cited for award of the Distinguished Unit Citation and the Philippine Presidential Unit Citation.  It is credited with participation in four campaigns -- Papua (New Guinea) – 23 July 1942 - 23 January 1943, New Guinea – 24 January 1943 - 31 December 1944, Luzon – 15 December 1944 - 4 July 1945, and Leyte – 17 October 1944 - 1 July 1945 with assault landing credit for New Guinea – 2 January 1944. 

6.  Army Regulation 600-8-22 (Military Awards) 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 is considered to be a citation in orders.  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.  The World War II Victory Medal was established by act of Congress on 6 July 1945.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.  

	c.  The "arrowhead" device is 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 arrowhead device is authorized for wear on the Asiatic-Pacific Campaign Medal.

	d.  A bronze service star (battle star) is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  

DISCUSSION AND CONCLUSIONS:

1.  Based on the FSM’s award of the Combat Infantryman Badge for service during WW II, he is authorized award of the Bronze Star Medal.  It is appropriate to correct his records by awarding him the Bronze Star Medal.
2.  The World War II Victory Medal was not formally authorized until after the FSM’s release from active duty; however, the medal was authorized for retroactive award for his period of service.  

3.  The FSM’s unit is credited with service in four campaigns and with an assault landing.  Based on this credit he is authorized to wear four bronze service stars and an "Arrowhead" Device on his Asiatic-Pacific Campaign Medal.  It is appropriate to correct the record by deleting the Asiatic-Pacific Ribbon from his separation document and replacing it with the Asiatic-Pacific Campaign Medal with four bronze service stars and "Arrowhead" Device.

4.  In addition to the above corrections and the awards listed on the WD AGO Form 53-55, the FSM is also authorized the Philippine Presidential Unit Citation.

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 based upon award of the Combat Infantryman Badge;

	b.  deleting the Asiatic-Pacific Ribbon from his WD AGO Form 53-55; and 

	c.  correcting his WD AGO Form 53-55 to show that, in addition to the awards shown on his separation document, his authorized awards also include the Bronze Star Medal, Asiatic-Pacific Campaign Medal with four bronze service 

stars and "Arrowhead" Device, Combat Infantryman Badge, World War II Victory Medal, and the 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)                                         AR20130000878





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ABCMR Record of Proceedings (cont)                                         AR20130000878



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