IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130008798
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 date of birth as 3 April 1924 and award of the Purple Heart.
2. He states the error in his date of birth was found when he applied for his pension.
3. He provides his WD AGO Form 53-55; birth certificate; and Headquarters, 63d Infantry Division, General Orders Number 21, dated 10 May 1945.
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 to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using the documents provided by the applicant.
3. Records available to the Board show the applicant was inducted into the Army of the United States on 27 February 1943 and entered active duty on 6 March 1943. He served 2 years, 9 months, and 19 days of active duty service of which 2 years, 4 months, and 12 days were served in Asiatic-Pacific theater. He was honorably discharged from active duty on 14 December 1945.
4. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows his date of birth as 5 April. It also shows in:
* item 31(Military Qualification and Date) Combat Infantryman Badge (CIB)
* item 32 (Battles and Campaigns)
* New Guinea
* Luzon
* item 33 (Decorations and Citations)
* American Campaign Medal
* Asiatic-Pacific Campaign Medal
* Philippine Liberation Ribbon with one bronze service star
* Army Good Conduct Medal
* World War II Victory Medal
5. He provided a copy of the County of Los Angeles, Certification of Vital Record, Certificate of Birth which shows he was born on 3 April.
6. He also provided Headquarters, 63d Infantry Division, General Orders Number 21, dated 10 May 1945, that show he was awarded the Purple Heart for wounds received in action near Rabon, Luzon Island, Philippines, on 20 January 1945.
7. Army Regulation 600-8-22 (Military Awards) states 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 Combat Medical Badge 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.
8. Army Regulation 600-8-22 states the Asiatic-Pacific Campaign Medal is awarded for service within the Asiatic-Pacific theater 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.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's military records are not available, his birth certificate confirms his date of birth as 3 April. Therefore, it is accepted an error occurred and it would be appropriate to correct his WD AGO Form 53-55 to show his correct date of birth.
2. General orders verify he was awarded the Purple Heart for wounds received in action on 20 January 1945. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.
3. The evidence of record shows he was awarded the CIB. Based on the award of the CIB, he is entitled to the award of the BSM. Therefore, he is entitled to correction of his records to show this award.
4. The evidence of record also shows he was awarded the Asiatic-Pacific Campaign Medal and that he is entitled to wear two bronze service stars on this medal for his participation in the New Guinea and Luzon campaigns.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. awarding him the BSM based on award of the CIB,
b. amending his WD AGO Form 53-55 to show his date of birth as 3 April 1924 as it appears on his birth certificate,
c. deleting the Asiatic-Pacific Campaign Medal from item 33 of his WD AGO Form 53-55, and
d. adding the following awards to his WD AGO Form 53-55:
* Purple Heart
* BSM
* Asiatic-Pacific Campaign Medal with two bronze service stars
____________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) AR20130008798
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130008798
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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