BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130018526 


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 a former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Ranger Tab and one Overseas Service Bar.

2.  The applicant states the FSM served during World War II.  On 25 May 1944, he was sent to Burma and assigned to the 5307th Composite Unit (Provisional), which was redesignated as the 475th Infantry Regiment.

   a.  On 14 June 1944, the FSM was wounded in the Battle of Myitkyina and later awarded the Purple Heart.  He was also awarded the Combat Infantryman Badge.  The FSM remained assigned to the 475th Infantry Regiment until he transferred to the United States.  He adds that the FSM completed 8 months and 2 days of foreign service and he is entitled to one Overseas Service Bar.

   b.  The applicant states that in a prior application to the Army Board for Correction of Military Records (ABCMR), the board concurred that the FSM was assigned to the 5307th Composite Unit (Provisional).

   c.  He states that the Ranger Tab is authorized for award to any person who was awarded the Combat Infantryman Badge while serving in World War II as a member of a Ranger Battalion (1st to 6th, inclusive) or in the 5307th Composite Unit (Provisional).


3.  The applicant provides copies of the following documents.

* the FSM's death certificate
* the applicant's birth certificate
* the FSM's WD AGO Form 53-55
* ABCMR Docket Number AR20060002176

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 complete military service records are 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 portions of the FSM's records were lost or destroyed in that fire.  However, there are sufficient records available for the Board to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he was inducted on 19 February 1943, he entered active service in the Army of the United States on 26 February 1943, and he was honorably discharged on 26 July 1945.  He had completed 
1 year, 9 months, and 7 days of continental service; 8 months and 2 days of foreign service; and he was credited with 2 years, 5 months, and 9 days of total service.  It also shows in:

	a.  item 3 (Grade):  Private First Class;

	b.  item 4 (Arm or Service):  Infantry;

	c.  item 6 (Organization):  Company L, 475th Infantry Regiment;

	d.  item 30 (Military Occupational Specialty and Number):  Rifleman, 745;

	e.  item 31 (Military Qualification and Date):  

* Combat Infantryman Badge, 25 August 1944
* Sharpshooter Marksmanship Qualification Badge with M-1 Rifle, 
13 April 1943

   f.  item 34 (Wounds Received in Action):  Head, Burma, 14 June 1944; and

   g.  item 36 (Service Outside Continental United States (CONUS) and Return):

* CONUS - departed 23 April 1944
* China-Burma-India Theater of Operations -
* arrived 25 May 1944
* departed 5 December 1944
* CONUS - arrived 24 December 1944

4.  Headquarters, 475th Infantry, General Orders Number 8, dated 15 October 1944, awarded the FSM the Purple Heart for wounds received in combat on
14 June 1944. 

5.  On 5 January 2005, the applicant requested correction of his records to show award of the Purple Heart.

6.  The "Corrected Copy" of ABCMR Docket Number AR20060002176, dated 
26 September 2006, granted the FSM's request and corrected his record to show award of the Purple Heart.

   a.  The Record of Proceedings, Consideration of Evidence, shows, in pertinent part, in:

    	(1)  paragraph 5, "The applicant was assigned to the 5307th Composite Unit (Code Name:  'GALAHAD'), commanded by Brigadier General Frank D. Merrill, which became known as 'Merrill's Marauders'."

    	(2)  paragraph 6, "During the battle for Myitkyina, the [FSM] was seriously wounded in action on 14 June 1944" and "In August 1944, what was left of Merrill's Marauders was consolidated with the 475th Infantry [Regiment]."

   b.  A DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty) was issued on 25 April 2007 to correct the FSM's
WD AGO Form 53-55 to show in:

    	(1)  item 32 (Battles and Campaigns):  India-Burma; and
   
    	(2)  item 33 (Decorations and Citations):
   
* Purple Heart
* Bronze Star Medal
* Asiatic-Pacific Campaign Medal with one bronze service star
* World War II Victory Medal
* Army Good Conduct Medal
* American Campaign Medal

7.  A review of the FSM's available military service records failed to show any evidence that he was assigned or attached to the 5307th Composite Unit (Provisional) or a ranger unit during the period of service under review.

8.  The Merrill's Marauders Association – 5307th Composite Unit (Provisional) website at www.marauder.org shows that Merrill's Marauders, officially the 5307th Composite Regiment (Provisional), was a multiple battalion force for long range penetration of Japanese occupied Burma.

   a.  The website recently obtained a copy of Headquarters, 5307th Composite Regiment (Provisional), Special Orders Number 3, dated 5 January 1944, that transferred the 3,000 volunteers from the three separate travel and training detachments (i.e., Casual Detachments 1688A, 1688B, and 1688C) into the Merrill's Marauders.  A review of the special orders failed to reveal the FSM's name.

   b.  The unit was consolidated with the 475th Infantry on 10 August 1944.

9.  The U.S. Army Center for Military History website at www.history.army.mil shows the Northern Area Combat Command was comprised of two major subordinate commands:  the 5307th Composite Unit (Provisional) (Merrill's Marauders) and the 5332nd Brigade (Provisional) (Mars Task Force); the
475th Infantry was a subordinate unit of the 5332d Brigade (Provisional).  It also shows the 475th Infantry was constituted on 25 May 1944 [emphasis added] in the Army of the United States and consolidated on 10 August 1944.

10.  The Mars Task Force in the China-Burma-India Theater of World War II website at http://cbi-theater-10.home.comcast.net shows the 5332d Brigade (Provisional) was activated on 26 July 1944 and became known as the Mars Task Force consisting of the 475th Infantry Regiment, 124th Cavalry (Special), and 1st Chinese Regiment.


11.  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.  It shows that during the FSM's tour in the China-Burma-India theater of operations the 5307th Composite Unit (Provisional) and the 475th Infantry Regiment received participation credit for the India-Burma campaign.

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command.  It is also awarded to any person who was awarded the Combat Infantryman Badge while serving in World War II as a member of a Ranger Battalion (1st to 6th, inclusive) or in the 5307th Composite Unit (Merrill's Marauders).

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  

	a.  An Overseas Service Bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  

	b.  Overseas Services Bars are not [emphasis added] normally entered on the WD AGO Form 53-55 or DD Form 214 because it is an item of uniform wear, not an award or decoration.  As such, ABCMR policy is that if it is already entered on the WD AGO Form 53-55, but the number of bars listed is wrong, the ABCMR will correct the entry; otherwise, correction of the record is not authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's WD AGO Form 53-55 should be corrected to show the Ranger Tab and one Overseas Service Bar because he served with the 5307th Composite Unit (Provisional), was awarded the Combat Infantryman Badge, and completed 8 months and 2 days of foreign service.

2.  It is acknowledged that in ABCMR Docket Number AR20060002176 it was stated that the FSM was assigned to the 5307th Composite Unit (Provisional). The Record of Proceedings also indicated, "In August 1944, what was left of Merrill's Marauders was consolidated with the 475th Infantry [Regiment]."


   a.  The FSM's available military service records show he was assigned to Company L, 475th Infantry Regiment, and he arrived in the overseas theater of operations on 25 May 1944 [emphasis added]; the date the regiment was constituted.  He was wounded in action on 14 June 1944 and general orders issued by the 475th Infantry Regiment awarded him the Purple Heart.

   b.  A review of the FSM's available military service records failed to show any evidence that he was assigned or attached to the 5307th Composite Unit (Provisional).  In addition, a review of the special orders that transferred the 3,000 volunteers into the 5307th Composite Unit (Provisional) failed to reveal the FSM's name.

   c.  Thus, despite the cited statement in the ABCMR Record of Proceedings, the additional new evidence of record does not support that statement.

3.  The evidence of record shows the 5307th Composite Unit (Provisional) was consolidated with the 475th Infantry Regiment on 10 August 1944.  It also shows the FSM was awarded the Combat Infantryman Badge on 25 August 1944.  Thus, based on the evidence of record, it is concluded the FSM was assigned to the 475th Infantry Regiment when he was awarded the Combat Infantryman Badge.

4.  The evidence of record shows the Ranger Tab is authorized for award to any person who was awarded the Combat Infantryman Badge while serving in World War II as a member of a Ranger Battalion (1st to 6th, inclusive) or in the
5307th Composite Unit (Provisional).  The evidence of record fails to show the FSM was serving as a member in one of the above units at the time he was awarded the Combat Infantryman Badge.  Thus, the FSM is not entitled to correction of his records to show the Ranger Tab.
   
5.  Records show the FSM completed 8 months and 2 days of foreign service. Thus, he was authorized to wear one Overseas Service Bar on his Army uniform.
However, Overseas Service Bars are not entered on the WD AGO Form 53-55 because it is an item of uniform wear, not an award or decoration.  As such, correction of the FSM's WD AGO Form 53-55 is not authorized.

6.  Therefore, in view of all of the foregoing, there is an insufficient evidentiary basis to grant the requested relief.


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 former service member 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)                                         AR20130018526



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ABCMR Record of Proceedings (cont)                                         AR20130018526



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