IN THE CASE OF:	  

		BOARD DATE:  8 October 2013

		DOCKET NUMBER:  AR20130001542 


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 award of the Combat Infantryman Badge (CIB), Combat Medical Badge (CMB), and the Philippine Republic Presidential Unit Citation.

2.  The applicant states the destruction of his military personnel records makes it impossible to determine what awards he had been recommended for and simply did not get processed in a timely manner by the U.S. Army during wartime in order to be included on his WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) prior to his separation.  

3.  He contends that he served as an Infantry Combat Medic with the 503rd Parachute Regimental Combat Team from July 1942 until 4 August 1945.  He actively engaged in all enemy ground combat missions with the 503rd until he was discharged on 4 August 1945.

4.  He adds he was wounded during combat on Noemfoor Island in Dutch New Guinea on 3 July 1944.  He was awarded the Purple Heart for those wounds.  As a combat medic and paratrooper, he was approved to carry a rifle in carrying out his combat medic duties.

5.  The applicant provides his WD AGO Form 53-55 and a National Personnel Records Center (NPRC) letter, dated 21 December 2012.



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 record is not available to the Board 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.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered primarily using his WD AGO Form 53-55 and several documents provided by the NPRC, St. Louis, MO.

3.  Records available to the Board show the applicant enlisted in the National Guard on 3 June 1940 and entered active service on 17 January 1941.  He served in the Pacific from on or about 2 December 1942 to on about 27 July 1945.  He was discharged on 4 August 1945.

4.  His WD AGO Form 53-55 contains the following entries:

* item 6 (Organization) –Medical Detachment, 503rd Parachute Infantry
* item 30 (Military Occupational Specialty (MOS) and Number) – 657, Medical Aidman
* item 31 (Military Qualification and Date) - "NOT AVAILABLE"
* item 32 (Battles and Campaigns) –

* Southern Philippines
* New Guinea

* item 33 (Decorations and Citations) –

* Asiatic-Pacific Campaign Medal with two bronze stars
* American Defense Service Medal
* Philippines Liberation Ribbon with one bronze star
* Purple Heart
* Distinguished Unit Citation (listed in item 55 (Remarks))

5.  War Department Form 372A, Final Payment – Work Sheet, shows that the applicant received parachute pay.

6.  His conduct and efficiency ratings are not available and there is no available evidence which shows any derogatory information or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  The applicant provides a letter from the NPRC, dated 21 December 2012, which shows that in addition to the awards listed on his WD-AGO 53-33, he was entitled to award of the American Campaign Medal and the World War II Victory Medal.

8.  War Department Circular 269-1943 established the CIB and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental, or smaller size.  Additionally, World War II (WWII) holders of the CIB received a monthly pay supplement known as combat infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  This regulation states:

	a.  The CMB is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Additionally, World War II holders of the CMB received a monthly pay supplement known as Medical Badge Pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct.  Thus, pay records are frequently the best available source to verify entitlement to this award.

	b.   The Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 the CMB is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

	c.  The basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.  A bronze service star is authorized to be worn on the Soldier's Parachutist Badge if the Soldier's unit was awarded combat assault credit and the Soldier was assigned or attached to the unit at the time of assault.

	d.  The “arrowhead” 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.  The arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal. 

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

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to establish eligibility of individual members for campaign participation credit, assault landing credit, unit citations, and occupation duty credit for WWII and shows that the 503rd Parachute Infantry Regiment received that following credits, citations, and commendations during the applicant's tenure:

* Philippine Republic Presidential Unit Citation from 17 October 1944 to 
4 July 1945
* assault landings for Corregidor Island on 16 February 1945

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the CIB, CMB, and the Philippine Republic Presidential Unit Citation.



2.  The available records show:

	a.  His unit was awarded the Philippine Republic Presidential Unit Citation.  In addition, his unit was credited with an assault landing which entitles him to the award of the arrowhead to be affixed to his already-awarded Asiatic-Pacific Campaign Medal.

	b.  He was assigned to a Parachutist Regiment and he received parachute pay which is sufficient evidence to list the Parachutist Badge on his WD AGO 53-55.  Further, his unit was credited with an assault landing; therefore, he is authorized one bronze service star to be affixed to his Parachutist Badge.

	c.  Although there is no evidence in the available records to show he was awarded the CMB, the evidence of record shows he was assigned as a medical aidman with the Medical Detachment of the 503rd Parachute Infantry Regiment.  Additionally, the fact that he was awarded the Purple Heart verifies his contact with hostile forces.  Therefore, in the interest of equity and justice, it would be appropriate to award him the CMB.

3.  Regulatory guidance, as stated above, authorizes award of the Bronze Star Medal for individuals who were authorized either the CIB or the CMB for service during World War II.  Therefore, award of the CMB entitles him to award of the BSM and to correction of his records to show this award.

4.  The evidence of record shows the applicant completed a qualifying period of service for award of the World War II Victory Medal.

5.  The awards and decorations addressed above should be shown on his 
WD AGO 53-55.

6.  The evidence shows that the applicant served as a combat medic; therefore, he is not eligible for the award of the CIB. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  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 partial 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 CMB, effective 3 July 1944;

	b.  awarding him the BSM based on award of the CMB;

	c.  adding the CMB and the Parachutist Badge with one bronze service star to item 31 of his WD AGO 53-55;

	d.  deleting from his WD AGO Form 53-55 the "Asiatic-Pacific Theater Ribbon with 2 bronze service stars"; and

	e.  adding to his WD AGO Form 53-55 the following awards:

* BSM
* Asiatic-Pacific Campaign Medal with two bronze service stars and one arrowhead
* World War II Victory Medal
* Philippine Republic Presidential Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the CIB.




      _______ _  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)                                         AR20130001542



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ABCMR Record of Proceedings (cont)                                         AR20130001542



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