IN THE CASE OF:	  

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140006459 


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 in:

* item 3 (Grade) his rank as private first class (PFC) vice private (PVT)
* item 33 (Decorations and Citations) all his awards to include the Presidential Unit Citation

2.  The applicant states:

	a.  His Honorable Discharge Certificate shows his rank as PVT.  Special Orders (SO) Number 177 also shows his rank as PVT and has his middle name misspelled.  He was never concerned about this until recently as he was considering being buried in a National cemetery and wants the grave marker to be correct.

	b.  His WD AGO Form 53-55 only shows award of the Army Good Conduct Medal.  He is providing letters from the National Personnel Records Center (NPRC) that confirms he qualified for the Bronze Star Medal, Combat Infantryman Badge, Asiatic-Pacific Campaign Medal, World War II Victory Medal, Honorable Service Lapel Button-WWII, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  In addition, the 96th Infantry Division (ID) was awarded the Presidential Unit Citation for the period 1 April to 30 June 1945 so this unit award should be added to his WD AGO Form 53-55.

	c.  He believes the confusion about his rank is because when he received his PFC stripes he was still on Leyte and the company clerk was probably on Okinawa.  All the 18 year old Soldiers were left on Leyte to guard the Japanese prisoners of war, food, equipment, and ammunition dumps when the 96th ID was sent to invade Okinawa.  On Leyte, he volunteered to go on two patrols and soon after he was given several sets of PFC stripes which a Philippine woman sewed on for him.  When they rejoined the division it didn't occur to him to confirm the fact that he was given PFC stripes. 

	d.  In July or August 1945, those that had been left on Leyte were sent to invade Panary Island.  There were no Japanese there and it was believed to be a training exercise.  They next invaded Mindoro Island and there were Japanese there.  The Navy used their big guns to pound the area and also dropped bombs. The Japanese who weren't killed ran into the mountains.  They encountered very little resistance as most of the Japanese had been killed or wounded and there were only a few hundred left on the island.  

	e.  The 96th ID was reunited on Mindoro Island and they immediately started training for the invasion of Japan.  However, after atomic bombs were dropped and Japan surrendered, there was nothing to do but wait until orders were received.  In September 1945, he volunteered to go on a patrol to locate Japanese and tell them the war was over.  

	f.  In October 1945, he was notified that he received an appointment to the Unites States Military Academy (USMA) and he was issued SO to return to the States and wait to be called to West Point.  In addition to the error in his rank and spelling of his middle name, SO Number 27 also shows he was being released to accept an appointment to the United States Naval Academy (USNA).  However, he took the exam while on Leyte for the USMA and not the USNA.  He left the day after he received the orders and had no opportunity or time to have the errors corrected.

3.  The applicant provides his WD AGO-53-55, Honorable Discharge Certificate, SO Number 177, a Presidential Unit Citation Certificate, a statement of support, an email, and four letters.

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 records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, his reconstructed record contains sufficient documents to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he enlisted in the Enlisted Reserve Corps on 23 May 1944 and he entered active duty on 18 December 1944.  He held military occupational specialty (MOS) 745 (Rifleman) and his last unit of assignment was with the 382nd Infantry Regiment, 96th ID.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 1 June 1944 and he arrived in the Asiatic-Pacific Theater (APT) of Operations on 9 July 1945.

5.  His reconstructed record contains a War Department message, dated 9 October 1945, to the Commander in Chief, U.S. Armed Forces Pacific Command, wherein it stated the Navy Department advised the applicant had an appointment as a midshipman to the USNA and requested immediate action to return him and requested they provide an approximate departure date. 

6.  The applicant provides and his reconstructed records contain Headquarters (HQ), 96th ID, SO Number 177, dated 15 October 1945, releasing him from his present assignment on or about 17 October 1945.

7.  He departed the APT on 27 October 1945 and he arrived back in CONUS on 29 October 1945.  He was honorably discharged on 8 November 1945. 

8.  His WD AGO 53-55 shows in:

* item 3 the entry PVT
* item 31 (Military Qualifications) the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* item 32 (Battles and Campaigns) that he participated in the Southern Philippines campaign
* item 33 the Army Good Conduct Medal 
* item 38 (Highest Grade Held) the entry PVT

9.  He completed 6 months and 21 days of service in CONUS and 4 months and 29 days of foreign service, for a total of 11 months and 20 days of active military service.

10.  His reconstructed record contains a WD AGO Form 100 (Separation Qualification Record), dated 8 November 1945, wherein it shows in:

	a.  The Military Occupation Assignments portion of the form that he served for 4 months in the grade of PVT in MOS 521 (Infantry Basic Training) and for 8 months in the grade of PFC in MOS 745.

	b.  The Summary of Military Occupations portion, block 10 (Title-Description-Related Civilian Occupation) of this form that he served as a rifleman and stated, "Was with the 96th Infantry Division in the South Pacific Area.  Was a member of a rifle squad and worked with the squad in combat.  Advanced on the enemy in various squad formations (emphasis added).  Was familiar with and used various types of Army maneuvers and camouflage tactics.  Was armed with an M-1 rifle." 

11.  The applicant provides and his reconstructed record contains his Honorable Discharge Certificate, dated 8 November 1945, wherein it shows his rank as private.

12.  The applicant provides letters from the NPRC as follows:

	a.  One dated 5 March 2007, wherein it stated they were able to verify his entitlement to the Army Good Conduct Medal, Asiatic-Pacific Campaign Medal with 1 bronze service star, World War II Victory Medal, Honorable Service Lapel Button - World War II, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

	b.  One dated 9 July 2007, wherein it stated they were pleased to authorize shipment of the Bronze Star Medal and the Combat Infantryman Badge (1s Award) based on the documents he provided and/or official documents.  It further stated the Bronze Star Medal was based on award of the Combat Infantryman Badge or the Combat Medical Badge.

13.  War Department Circular Number 408, dated 17 October 1944 and effective 1 November 1944, restricted award of the Combat Infantryman Badge to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry.  Personnel whose eligibility was thus established could qualify for award of the Combat Infantryman Badge by satisfactory performance of duty in ground combat against the enemy. Announcement of the award of the Combat Infantryman Badge would be made in regimental or unit orders.

14.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  A bronze service star is authorized with this award for each campaign a member is credited with participating in. 

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

	c.  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. 

	d.  The Honorable Service Lapel Button - World War II was issued for honorable military service between 8 September 1939 and 31 December 1946.

15.  Department of the Army General Orders (GO) Number 29, dated 31 December 2001, awarded the Presidential Unit Citation to the 382nd Infantry Regiment, 96th ID, for the period 1 April 1945 through 30 June 1945.  The 382nd Infantry was not cited for award of the Presidential Unit Citation during the applicant's period of assignment to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconstructed record contains his WD AGO Form 100 wherein it shows he held the rank of PVT for 4 months while completing basic infantry training and held the rank of PFC for 8 months of his military service.  Although the specific date of his promotion to PFC is not known, it is reasonable to presume he was promoted to PFC after he completed basic training and held that rank for the final 8 months of his active military service.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 to show at the time of his discharge he held the rank of PFC and that was the highest rank he held.

2.  During his service in World War II, he was an infantry Soldier and was assigned to an infantry unit.  His WD AGO Form 100 confirms he served in combat against an enemy force while a member of the rifle squad, 382nd Infantry Regiment.  Therefore, it would be appropriate to award him the Combat Infantryman Badge and correct his WD AGO Form 53-55 to show this badge.

3.  Based on this 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 medal.

4.  He served during a qualifying period for entitlement to the Asiatic-Pacific Campaign Medal with 1 bronze service star, World War II Victory Medal, and Honorable Service Lapel Button - World War II.  Therefore, he is entitled to correction of his WD AGO Form 53-55 accordingly.

5.  With respect to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, his WD AGO Form 53-55 already shows this badge.

6.  With respect to the Presidential Unit Citation, GO awarded the Presidential Unit Citation to the 382nd Infantry Regiment for the period 1 April to 30 June 1945.  His WD AGO Form 53-55 shows he arrived in the APT on 9 July 1945, after the period for which his unit was cited for this award.  Therefore, he is not entitled to this portion of the requested relief.

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:

* awarding the applicant the Combat Infantryman Badge for actions during World War II
* awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge
* deleting the entries in item 3 and item 38 of his WD AGO Form 53-55 and replacing each with the entry PFC
* adding to his WD AGO Form 53-55 the:

* Bronze Star Medal
* Combat Infantryman Badge
* Asiatic-Pacific Campaign Medal with 1 bronze service star
* World War II Victory Medal
* Honorable Service Lapel Button - World War II

* issuing the applicant an Honorable Discharge Certificate that shows his rank as Private First Class 

2.  The Board further determined that the evidence presented was 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 the Presidential Unit Citation.



      _______ _   _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)                                         AR20140006459





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ABCMR Record of Proceedings (cont)                                         AR20140006459



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