BOARD DATE:	 8 July 2014 

		DOCKET NUMBER:  AR20130018943 


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 records to show award of the Presidential Unit Citation and Philippine Presidential Unit Citation.

2.  The applicant states that he served during World War II with the 32nd Infantry Division.  He didn't realize his unit awards were not recorded in his records until he received information that the division was cited for award of the Presidential Unit Citation and Philippine Presidential Unit Citation.

3.  The applicant provides copies of his discharge documents and information on the 32nd Infantry Division's history and unit awards.

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 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 (NPRC) in 1973.  It is believed that portions of the applicant's records were lost or destroyed in that fire.  However, there are sufficient records for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows he was inducted and entered active service in the Army of the United States on 16 October 1944.  He was honorably discharged on 5 December 1946.  He had completed 7 months and 8 days of continental service; 1 year, 6 months, and 12 days of foreign service; and he was credited with 2 years, 1 month, and 20 days of total service.  It also shows in:

	a.  item 3 (Grade):  Technical Sergeant;

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

	c.  item 6 (Organization):  Company A, 128th Infantry Regiment;

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

	e.  item 31 (Military Qualification and Date) -  

* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle and Carbine Bars

	f.  item 32 (Battles and Campaigns):  Southern Philippine (Liberation);

   g.  item 33 (Decorations and Citations) –

* Asiatic-Pacific Campaign Medal with 1 bronze service star
* World War II Victory Medal
* Philippine Liberation Ribbon with 1 bronze service star
* Army Good Conduct Medal


   h.  item 36 (Service Outside Continental United States (CONUS) and Return) –

* CONUS – departed 12 March 1945

* Pacific Theater of Operations –

* arrived 13 April 1945
* departed 9 September 1946

* CONUS – arrived 23 September 1946

4.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in World War II.

   a.  This pamphlet shows the 128th Infantry Regiment, 32nd Infantry Division:

    	(1)  was cited for award of the Philippine Presidential Unit Citation for actions from 17 October 1944 to 4 July 1945 by Department of the Army General Orders Number 47 (1950);

	 	(2)  was awarded occupation credit for Japan from 30 August 1945 through 20 January 1946; and

    	(3)  the 1st Battalion, 128th Infantry Regiment, was cited for award of the Presidential Unit Citation (formerly known as the Distinguished Unit Citation) for actions from 23 March to 30 May 1945 by War Department General Order Number 70 (1946).

	b.  Table B-1 contains a list of World War II campaigns and it shows that during the applicant's tour in the Pacific Theater of Operations, participation credit was awarded for the following campaigns:

* Leyte (17 October 1944 - 1 July 1945)
* Luzon (15 December 1944 - 4 July 1945)
* Southern Philippines (27 February - 4 July 1945)

5.  Three DA Forms 1577 (Authorization for Issuance of Awards), dated 
7 December 1977, 1 February 1979, and 12 November 1985, show that in response to the applicant's requests for awards, the Reserve Component 

Personnel Administration Center/U.S. Army Reserve Personnel Center, St. Louis, MO, authorized the issuance of the following decorations to the applicant:

* Presidential Unit Citation
* Bronze Star Medal (based on award of the Combat Infantryman Badge)
* Army Good Conduct Medal
* American Campaign Medal
* Asiatic-Pacific Campaign Medal with one bronze service star
* World War II Victory Medal
* Army of Occupation Medal with Japan Clasp
* Combat Infantryman Badge
* Philippine Presidential Unit Citation

6.  A review of the applicant's available military service records failed to reveal a DD Form 215 (Correction to Certification of Release or Discharge from Active Duty) showing his WD AGO Form 53-55 was corrected to show all of his authorized awards.

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

	a.  The Bronze Star Medal 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946 and includes,
in pertinent part, service within CONUS for an aggregate period of one year.

	c.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows:

	a.  the applicant qualified for the Asiatic-Pacific Campaign Medal and his unit was credited with participation in three campaigns during his overseas service in the Pacific Theater of Operations.  Thus, he is entitled three bronze service stars for wear on his already-awarded Asiatic-Pacific Campaign Medal;

   b.  his unit was cited for award of the:

* Presidential Unit Citation
* Philippine Presidential Unit Citation
   
   c.  his unit was awarded occupation credit for Japan from 30 August 1945 through 20 January 1946 and he served a qualifying period for award of the Army of Occupation Medal with Japan Clasp.

2.  The evidence of record shows the applicant was authorized and issued the Bronze Star Medal based on award of the Combat Infantryman Badge.

3.  There is no evidence the applicant's WD AGO Form 53-55 was corrected to show the above awards.

4.  The evidence of record shows the applicant completed a total of 7 months and 8 days of service within CONUS.  Eligibility for award of the American Campaign Medal requires service within CONUS for an aggregate period of one year.  Thus, despite the fact that the applicant was issued the medal set, the evidence of record fails to show that he met the qualifying criteria for award of the American Campaign Medal.

5.  Therefore, in view of the foregoing, the applicant's WD AGO Form 53-55 should be corrected, as recommended below.

BOARD VOTE:

___X_____  _X_______  __X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending his WD AGO Form 53-55 by deleting from item 33 the Asiatic-Pacific Theater Ribbon with 1 bronze star; and

	b.  adding to item 33 of his 5 December 1946 WD AGO Form 53-55 the:

* Bronze Star Medal
* Asiatic-Pacific Campaign Medal with 3 bronze service stars
* Army of Occupation Medal with Japan Clasp
* Presidential Unit Citation
* Philippine Presidential Unit Citation

2.  The Board wants the applicant and all others to know the sacrifices the applicant 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)                                         AR20130018943



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ABCMR Record of Proceedings (cont)                                         AR20130018943



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