IN THE CASE OF:  	  

		BOARD DATE:  17 December 2014	  

		DOCKET NUMBER:  AR20140012152 


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, through his Legal Representative and through his Member of Congress, award of the Bronze Star Medal and any other awards he earned. 

2.  The applicant states he was awarded the Combat Infantryman Badge for performing duties as an infantryman in the Pacific Theater, including recovery of the Philippines Islands, New Guinea and associated Pacific islands.  The Bronze Star Medal was supposedly awarded to those who were awarded the Combat Infantryman Badge. 

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service)
* Honorable Discharge Certificate
* Power of Attorney
* Department of Veterans Affairs medical documents
* Congressional correspondence 

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 records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and he entered active service on 31 July 1940. 

4.  His WD AGO Form 53-55 shows he arrived in the Pacific Theater of Operations (PTO) on 11 July 1943.  He departed on an unknown date and arrived back in Continental United States (CONUS) on 6 September 1945. 

5.  He completed what appears to be about 2 years, 11 months, and 2 days of CONUS service and 2 years, 2 months, and 11 days of foreign service.  He was honorably discharged on 13 September 1945.  His WD AGO Form 53-55 also shows in:

* Item 31 (Military Qualification and Date), the Combat Infantryman Badge, awarded on 13 June 1944
* Item 32 (Battles and Campaigns), he participated in four campaigns during World War II (WWII):  Bismarck Archipelago, Luzon, New Guinea, and Southern Philippines 
* Item 33 (Decorations and Citations), the Good Conduct Medal, Philippine Liberation Medal, American Defense Service Medal, and Asiatic-Pacific Service Medal (now known as the Asiatic-Pacific Campaign Medal)

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Bronze Star Medal is awarded to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

	b.  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 stars will be worn on the appropriate campaign or service medal, including the Asiatic-Pacific Campaign Medal, for each campaign participation credit.

     c.  The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes service within CONUS for an aggregate period of one year.

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

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was awarded the Combat Infantryman Badge.  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 medal.

2.  His records show he participated in four campaigns during his service in WWII.  Therefore, he is entitled to four bronze service stars to be affixed to his Asiatic-Pacific Campaign Medal.

3.  He served a qualifying period for award of the World War II Victory Medal and the American Campaign Medal.  Therefore, he is entitled to correction of his    WD AGO Form 530-55 to show these awards. 

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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:

* awarding him the Bronze Star Medal for the period from 11 July 1943 to on or about 1 September 1945 based on award of the Combat Infantryman Badge
* adding to his WD AGO Form 53-55 the Bronze Star Medal, World War II Victory Medal, four bronze service stars to be affixed to his already-awarded Asiatic-Pacific Campaign Medal, and the American Campaign Medal



      _______ _   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)                                         AR20140012152





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ABCMR Record of Proceedings (cont)                                         AR20140012152



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