BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130019787 


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 his combat service in the Philippine Islands and to include his award of the Combat Infantryman Badge on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).

2.  The applicant states he had received back combat pay on an earlier request but computers do not reflect his award of the Combat Infantryman Badge.  When he joined the 32nd Division Army National Guard (ARNG) in 1948 and displayed his Combat Infantryman Badge he was told it was not authorized.  

3.  The applicant provides copies of Headquarters, 103rd Infantry General Orders Number 87; a 27 October 1949 Office of the Adjutant General letter; and a WD AGO Form 106 (Request for Decoration and/or Citation).

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records and documents provided by the applicant.  The documents provided by the applicant are also contained in the reconstructed file.

3.  The applicant served on active duty from 23 October 1943 through 20 June 1946.  He served in the Asiatic-Pacific Theater of Operations from 7 May 1945 through on or about 11 April 1946 with Company C, 103rd Infantry Regiment, 43rd Infantry Division.

4.  Headquarters, 103rd Infantry General Orders Number 87, dated 23 September 1945, awarded the applicant the Combat Infantryman Badge.

5.  The applicant's WD AGO Form 53-55 provides the following – 

* qualification as a marksman with the rifle
* participation in one official campaign (Luzon) 
* award of the Army of Occupation Medal with Japan clasp, Asiatic-Pacific Campaign Medal with 1 bronze service star, Philippine Liberation Ribbon with 1 bronze service star, Good Conduct Medal, and the World War II Victory Medal
* an Honorable Service Lapel Button (WW II) was issued

6.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register shows that during the period the applicant was assigned to the 103rd Infantry Regiment, 43rd Infantry Division it was credited with participation in one campaign (Luzon), received occupation credit for Japan, and was awarded a Meritorious Unit Commendation. 

7.  A National Personnel Records Center letter and DA Form 1577 (Authorization for Issuance of Awards) show the applicant's awards as the Bronze Star Medal, Good Conduct Medal, Asiatic-Pacific Campaign Medal with 1 bronze service star, World War II Victory Medal, Army of Occupation Medal with Japan clasp, Combat Infantryman Badge, Philippine Liberation Ribbon with 1 bronze service star, Honorable Service Lapel Button (WW II) and the Marksman Marksmanship Qualification Badge with Rifle Bar.  The letter also noted that the applicant's award of the Bronze Star Medal was based on his WWII award of the Combat Infantryman Badge.

8.  There is no evidence that the applicant's official records were corrected to show his authorized award of the Bronze Star Medal. 

9.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 omits the applicant's award of the Combat Infantryman Badge and the Meritorious Unit Commendation.  It is appropriate to correct these omissions by including them on his WD AGO Form 53-55.

2.  Based on his award of the Combat Infantryman Badge during WWII, the applicant is authorized award of a Bronze Star Medal.  It is appropriate to award him his medal and include it on his WD AGO Form 53-55.

3.  The correction of the applicant's records to show the above awards combined with his awards of the Asiatic-Pacific Campaign Medal with 1 bronze service star and the Philippine Liberation Ribbon with 1 bronze service star, and the WD AGO Form 53-55 block 36 (Service Outside Continental U.S. and Return) entry, properly documents the applicant's combat service and no additional entry is appropriate.

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 the applicant the Bronze Star Medal based upon award of the Combat Infantryman Badge; and
   
   b.  adding to his WD AGO Form 53-55 the Bronze Star Medal, Meritorious Unit Commendation, and the Combat Infantryman Badge. 

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 any additional correction to his WD AGO Form 53-55 related to adding an additional statement showing his combat service.  



      _______ _  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)                                         AR20130019787



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ABCMR Record of Proceedings (cont)                                         AR20130019787



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