IN THE CASE OF:	   

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140005332 


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 participation in the Leyte and Lingayen Gulf battles in the Philippines
* his participation in the Army of Occupation of Japan

2.  The applicant states:

* he served in the Leyte and Lingayen Gulf battles
* he desires recognition and documentation showing he served and fought in the battles and served during the Army of Occupation of Japan
* he has made numerous attempts to correct his records

3.  The applicant provides:

* Congressional correspondence
* WD AGO Form 53-55
* 112th Cavalry Regiment and World War II historical chronologies
* Internet article on World War II
* letter from the National Personnel Records Center (NPRC), dated 20 September 2012



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 complete military and medical records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  The case is being considered using the extracts of the burned records and the documents provided by the applicant.

3.  The applicant entered active duty in the Army of the United States from the Enlisted Reserve on 26 September 1942.

4.  Records show:

* he was awarded the Asiatic-Pacific Campaign Medal on 10 March 1943
* he participated in the invasion and occupation of Arawe, New Britain, from 15 December 1943 to an unknown date
* he was awarded the Combat Infantryman Badge on 17 August 1944
* he was awarded the Driver and Mechanic Badge on 6 October 1944
* he participated in the Leyte Operations from 28 November 1944 to 26 January 1945
* he arrived in Japan on 3 September 1945
* he departed the theater on 29 September 1945
* he arrived in the United States on 8 October 1945

5.  On 20 October 1945, he was honorably separated.  His WD AGO Form 53-55 is partially illegible and shows:

* he participated in the following campaigns –

* Philippine Islands
* New Guinea
* Bismarck Archipelago
* Luzon
* Southern Philippines

* he was awarded the –

* Army Good Conduct Medal
* Philippine Liberation Ribbon with one bronze service star
* Asiatic-Pacific Campaign Medal with five bronze service stars and one arrowhead device
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar

6.  The applicant provided Congressional correspondence, 112th Cavalry Regiment World War II Chronology, an Internet article on World War II, and a letter from the NPRC advising him of his burned records.  He also provided a copy of the burned WD AGO Form 53-55 contained in his reconstructed records.

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

	a.  The World War II Victory Medal was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	b.  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 awarded to individuals who were authorized either badge for service during World War II.

	c.  The Army of Occupation Medal with Japan Clasp is awarded for 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 for service of 30 consecutive days at a normal post of duty in a qualifying location.  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.

	d.  The Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific theater of operations between 7 December 1941 and 2 March 1946.  One bronze service star is awarded for each authorized campaign.  The arrowhead is authorized for wear on this medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.

	e.  A silver service star is worn instead of five bronze service stars.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows campaign credit during World War II.  This pamphlet does not list the invasion of Lingayen Gulf of Luzon Island as a separate campaign that received credit during World War II.

9.  Department of the Army Pamphlet 672-1 shows the unit to which the applicant was assigned, the 112th Cavalry Regiment, received campaign credit for the Bismarck Archipelago Campaign (15 December 1943-27 November 1944), Luzon Campaign (15 December 1944-4 July 1945), and New Guinea Campaign (24 January 1943-31 December 1944).

10.  Department of the Army Pamphlet 672-1 also shows the 112th Cavalry Regiment received credit for participation in assault landings in Arawe on 15 December 1944.  The unit was also awarded Army of Occupation of Japan credit for the period 25 October 1945-20 January 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for campaign participation in the Philippines and the Army of Occupation of Japan was carefully considered.

2.  His unit was cited for campaign credit for Leyte and his available records show this campaign credit; however, his available WD AGO Form 53-55 has illegible areas showing his campaign participation.  He failed to provide a legible copy of his WD AGO Form 53-55.  Therefore, any doubt should be resolved in his favor and his WD AGO Form 53-55 should be corrected to show this campaign participation.  Also, it now appears he is eligible to wear one silver service star and bronze service star on his Asiatic-Pacific Campaign Medal.

3.  Army Pamphlet 672-1 does not list the invasion of Lingayen Gulf of Luzon Island as a separate campaign that received credit during World War II.  Therefore, he is not entitled to that portion of the requested relief.

4.  Although his records show he served in Japan, he did not serve a minimum of 30 consecutive days at a normal post of duty in a qualifying location between 3 September 1945 and 27 April 1952.  Further, his unit was not awarded Army of Occupation of Japan credit during the time he was assigned to the unit.  Therefore, he is not entitled to that portion of the requested relief.

5.  Records show the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this badge.

6.  Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

7.  He served qualifying periods of service for award of the World War II Victory; therefore, he is entitled to correction of his WD AGO Form 53-55 to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge
* adding the Leyte campaign to his WD AGO Form 53-55
* deleting award of the Asiatic-Pacific Campaign Medal with five bronze service stars and one arrowhead device from his WD AGO Form 53-55


* adding the following awards to his WD AGO Form 53-55 –

* Bronze Star Medal
* Asiatic-Pacific Campaign Medal with one silver service star, one bronze service star, and one arrowhead device
* World War II Victory Medal
* Combat Infantryman Badge

2.  The Board further determined 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 campaign credit for Lingayen Gulf and Army of Occupation of Japan credit.



      _______ _   _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)                                         AR20140005332



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ABCMR Record of Proceedings (cont)                                         AR20140005332



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