BOARD DATE:	  30 December 2014

		DOCKET NUMBER:  AR20140007767 


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 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was:

	a.  assigned to the Americal Division.

	b.  awarded the Combat Infantryman Badge and the Bronze Star Medal.

2.  The applicant states he was assigned to the Americal Division the entire time he was overseas and he came home with the 27th Division and he served in the Pacific Theater of Operations (PTO) in the Philippines, the Solomon Islands, and Japan.  His WD AGO 53-55 does not mention the Americal Division; it shows he was assigned to the 27th Division the entire time he was overseas and that he served in Europe, Africa, and the Middle East.  Additionally, he was also awarded the Combat Infantryman Badge and the Bronze Star Medal; however, these awards are not listed.  He is 89 years old and he is concerned his grandchildren will not know the truth about his time in the service.  

3.  The applicant provides a certificate, dated 8 December 1945.

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 National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO 53-55 shows he was inducted into the Army of the United States on 26 June 1943 and entered active duty on 6 July 1943 at Newark, NJ.

	a.  He departed the continental United States (CONUS) on 8 January 1944 and arrived in the PTO on 14 February 1944.  He departed the PTO on 
15 December 1945 and arrived in CONUS on 24 December 1945.

	b.  He participated in the Northern Solomons and South Philippine Liberation campaigns.

	c.  Special orders awarded him the Combat Infantryman Badge in May 1944, and he was also awarded or authorized the European-African-Middle Eastern Ribbon, the Philippine Liberation Ribbon, the Good Conduct Medal, and the World War II Victory Medal.

	d.  He completed 2 years, 6 months, and 12 days of total service, of which 
1 year, 11 months, and 17 days was credited as foreign service.  

	e.  The unit he served with during his overseas service was not listed.  However, at the time of his separation/discharge on 17 January 1946 he was assigned to Service Company, 105th Infantry Regiment, 27th Division, 
Fort Monmouth, NJ.

4.  He provided a certificate issued by Headquarters, 105th Infantry, Army Post Office (APO) Number 27 (Niigata, Honshu, Japan), dated 8 December 1945 which shows he had been awarded or authorized the:

* WWII Victory Medal
* Asiatic Pacific Ribbon with two bronze service stars and one bronze arrowhead
* Good Conduct Medal
* Combat Infantryman Badge
* Philippine Liberation Ribbon with  bronze service star 
* three overseas service bars

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

5. Army Regulation 600-8-22 states the Asiatic-Pacific Campaign Medal is awarded for service with the Asiatic-Pacific Theater between 7 December 1941 and 2 March 1946 when a service member is on permanent assignment in the Asiatic-Pacific Theater, in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days; and/or in active combat against the enemy and was awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  One bronze service star is authorized for each campaign and 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.

6.  Army Regulation 600-8-22 states the Philippine Liberation Ribbon is authorized by DA Circular 59, 8 March 1948.

	a.  The Philippine Liberation Ribbon is awarded for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945, under any of the following conditions:

		(1) Participated in the initial landing operations on Leyte or adjoining islands from 17 October 1944 to 20 October 1944.  An individual will be considered as having participated in such operations if he landed on Leyte or adjoining islands, was on a ship in Philippine waters, or was a crewmember of an airplane which flew over Philippine territory during the period.

		(2) Participated in any engagement against the enemy during the campaign on Leyte and adjoining islands.

		(3) Participated in any engagement against the enemy on islands other than those included in (2) above.

		(4) Served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period.

	b.  An individual who meets more than one of the conditions set forth in a, above is authorized to wear a bronze service star on the ribbon for each additional condition under which he or she qualifies other than that under which he or she is eligible for the initial award of the ribbon.

7.  Technical Manual 12-235, Discharge Procedures and Preparation of Separation Forms, the regulation then in effect at the time of the applicant's discharge, provides that item 6 (Organization) of the WD AGO Form 53-55 will show the last unit or similar element to which the Soldier was assigned, rather than the element of which he was a part while moving to a separation activity.  The designation of the organization will be as shown in the Service Record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 is incorrect because Item 6 (Organization) shows that he was assigned to 27th Division instead of the Americal Division.

2.  The sincerity of the applicant's contentions are not in question.  Unfortunately, there was insufficient evidence remaining in his record and he did not provide sufficient documentary evidence to show he was assigned to the Americal Division immediately prior to his transfer to the separation activity listed on his WD AGO 53-55.

3.  Nevertheless, his record does sufficiently show he was assigned to the Pacific Theater of Operations (PTO) and not the European Theater of Operations (ETO). Furthermore, the evidence clearly shows that he participated in the Northern Solomons and South Philippine Liberation campaigns and was credited with one assault landing.  It is also evident that the European-African-Middle Eastern Ribbon was added in error vice the Asiatic-Pacific Campaign Medal.  Therefore, his WD AGO 53-55 should be corrected to remove the European-African-Middle Eastern Ribbon and add the Asiatic-Pacific Campaign Medal with two bronze service stars and one bronze arrowhead in its place.

4.  His WD AGO Form 53-55 already shows he was awarded the Combat Infantryman Badge; therefore, there is no need to add this award.  However, based on his award of the Combat Infantryman Badge he is authorized award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.

5.  The evidence of record shows he was awarded or authorized the Philippine Liberation Ribbon with one bronze service star; therefore, his is entitled to correction to his WD AGO 53-55 to add one bronze service star to his previously-awarded Philippine Liberation Ribbon.

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 him the Bronze Star Medal for service in the PTO during WWII based upon award of the Combat Infantryman Badge from 14 February 1944 to 
2 September 1945; 

	b.  deleting the Philippine Liberation Ribbon and the European-African-Middle Eastern Ribbon from his WD AGO 53-55; and

	c.  adding to his WD AGO 53-55 the:

* Bronze Star Medal
* Asiatic-Pacific Campaign Medal with two bronze service stars and one bronze arrowhead
* Philippine Liberation Ribbon with one bronze service star
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 showing his unit as the Americal Division.



      _________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)                                         AR20140007767





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ABCMR Record of Proceedings (cont)                                         AR20140007767



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