IN THE CASE OF:	  

		BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130003148 


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, the son of the deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service) to show he served in the Asiatic-Pacific Theater of Operations (APTO) with campaign participation credit.

2.  The applicant states the FSM served with the 57th Infantry Regiment in the Philippines, but his records do not show that he was credited with campaign participation.  He adds that the FSM's awards and decorations were destroyed in a house fire and the Army reissued them in 2000.  The Bronze Star Medal (BSM) certificate shows the FSM served in the APTO, but his records fail to mention the campaign in which he earned the BSM.

3.  The applicant provides copies of the FSM's:

* Notification of Birth Registration
* Certificate of Death
* Obituary
* WD AGO 53-98
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* DA Form 4980-5 (BSM Certificate)


CONSIDERATION OF EVIDENCE:

1.  The FSM's WD AGO Form 53-98 shows he entered active duty on
15 December 1941 and he was released from active duty on 5 March 1948.  He completed 4 years, 5 months, and 17 days of continental service and 1 year,
9 months, and 4 days of foreign service.  It also shows in:

	a.  item 6 (Organization):  57th Infantry (Philippine Scouts), 12th Infantry Division (Philippine Scouts);

	b.  item 28 (Battles and Campaigns):

* Ardennes
* Rhineland
* Central Europe
* Normandy

   c.  item 29 (Decorations and Citations) and in item 43 (Remarks):

* Parachutist Badge
* American Theater Ribbon (now known as the American Campaign Medal)
* World War II Victory Medal
* Purple Heart
* European-African-Middle Eastern (EAME) Theater Ribbon with bronze arrowhead device and 4 bronze battle (service) stars
* Combat Infantryman Badge
* Asiatic-Pacific Theater Service Ribbon (now known as the Asiatic-Pacific Campaign Medal)
* Army Occupation Ribbon (now known as the Army of Occupation Medal)
* Philippine Independence Ribbon
* American Defense Service Ribbon

   d.  item 32 (Service Outside Continental United States (OCONUS) and Return):

* Departed CONUS - 15 June 1944


* EAME Theater of Operations (ETO):

* arrived - 28 June 1944
* departed - 8 November 1945

* CONUS:

* arrived - 19 November 1945
* departed - 1 September 1946

* APTO

* arrived - 22 September 1946
* departed - 10 December 1946

* Arrived CONUS - 31 December 1946

2.  On 24 February 1948, the FSM applied for award of the BSM based on his award of the Combat Infantryman Badge on 22 February 1945 while assigned to the 507th Infantry Regiment, 17th Airborne Division.

3.  Letter Orders, issued by the Office of the Adjutant General, Washington, DC, dated 7 April 1948, awarded the FSM the BSM for exemplary conduct in ground combat against the armed enemy during the Rhineland campaign in the ETO and based on award of the Combat Infantryman Badge.

4.  The FSM was promoted to rank/grade of lieutenant colonel (LTC)/O-5 on
8 August 1969.  He was transferred to the U.S. Army Reserve (USAR) (Retired Reserve) on 24 October 1969.

5.  A DD Form 215, dated 20 November 2000, added the BSM to item 29 of the FSM's WD AGO 53-98 for the period ending 5 March 1948.

6.  In support of his request the applicant provides a copy of the FSM's BSM certificate, dated 20 November 2000, that shows he was awarded the BSM for meritorious achievement for exemplary performance of duty in active ground combat while serving with the 57th Infantry Regiment in the APTO.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.


	a.  The BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  It is also 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 or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  The Asiatic-Pacific Campaign Medal is awarded for service in the APTO between 7 December 1941 and 2 March 1946.  A bronze service star will be worn on the service medal based on qualifying service for each campaign listed in Appendix B of the regulation.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units and campaign participation of units serving in World War II.

	a.  It contains a list of World War II campaigns and it shows, in pertinent part, the following campaigns:

* Philippine Islands (7 December 1941 - 10 May 1942)
* Southern Philippines (27 February 1945 - 4 July 1945)

	b.  The pamphlet shows the 57th Infantry Regiment participated in the Philippine Islands campaign.  It does not show the regiment participated in the Southern Philippines campaign.

DISCUSSION AND CONCLUSIONS:

1.  Records show the FSM served with the 57th Infantry Regiment in the APTO from 22 September 1946 to 10 December 1946.

2.  Records also show the FSM was awarded the Asiatic-Pacific Campaign Medal.  However, the evidence of record fails to show the FSM served in the Philippines during the Philippine Islands or Southern Philippines campaigns. Therefore, there is an insufficient evidentiary basis for correcting the FSM's
WD AGO Form 53-98 to show any bronze service star for wear on the Asiatic-Pacific Campaign Medal.


3.  Records show the FSM was awarded the BSM for exemplary conduct in ground combat against the armed enemy during the Rhineland campaign based on his award of the Combat Infantryman Badge while assigned to the 507th Infantry Regiment, 17th Airborne Division (ETO).

4.  The evidence of record further shows a BSM certificate was issued on
20 November 2000 that awarded the FSM the BSM for exemplary performance of duty in active ground combat while serving with the 57th Infantry Regiment in the APTO.  However, it appears this may have been a replacement BSM certificate and that it was issued citing the wrong unit and theater of operations.  Therefore, it would be appropriate at this time to correct the award certificate.

5.  Evidence shows the applicant's record contains an administrative error that does not require action by the Board.  Therefore, administrative correction of the applicant's record will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others to know the sacrifices the FSM made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.


3.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by issuing a DA Form 4980-5 showing award of the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy while assigned to the 507th Infantry Regiment, 17th Airborne Division during the Rhineland campaign in the European Theater of Operations.



      ____________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)                                         AR20130003148



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ABCMR Record of Proceedings (cont)                                         AR20130003148



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