IN THE CASE OF:	   

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140016546 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) for the period ending 19 November 1945 to show the Bronze Star Medal, his service in the Pacific Theater of Operations (PTO), credit for two campaigns in the PTO, and that he sustained a combat injury in 1944 (taken to mean an entry in item 34 (Wounds Received in Action)). 

2.  The applicant states he feels his injury was incurred in combat and he is in the process of filing for an exemption from property taxes due to his combat-related injury.  He was a cannoneer in the 906th Field Artillery, part of the 81st Infantry Division that invaded Anguar Island and fought the Japanese.  Their division also relieved the 1st Marine Division on Peleliu Island.  He hurt his back offloading supplies during combat operations.  He won a combat medal (taken to mean a Bronze Star Medal) during combat at Anguar and Peleliu.  After those battles he was hospitalized on Noumea, New Caledonia for his back injury.  

3.  The applicant provides:

* 1979 Department of Veterans Affairs (VA) rating decision
* WD AGO Form 53-55, ending on 19 November 1945
* VA Form 07-3101a (Request for Information)
* WD AGO Form 8-24 (Medical Card)
* NME Form 4 (Enlistment Record-United States), dated 3 February 1950


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 is a retired Army sergeant first class/E-7 who served via induction, enlistment, or reenlistment from June 1943 to June 1965 in a variety of stateside or overseas assignments before he was retired and placed on the Retired List on 1 July 1965. 

3.  He was inducted into the Army of the United States on 26 June 1943 and entered active duty in Shreveport, LA on 12 July 1943.  He was trained in and held military occupational specialty 844 (Cannoneer).  

4.  He served in the PTO as follows: 

* departed continental United States (CONUS) on 9 July 1944 and arrived in Hawaii on 16 July 1944
* departed Hawaii on 10 August 1944 and arrived in Anguar on 17 September 1944
* departed Anguar on 19 September 1944 and arrived in Ulithi Island on 23 September 1944
* departed Ulithi Island on 16 October 1944 and arrived in Peleliu Island on 22 October 1944
* departed Peleliu Island on 30 December 1944 and arrived in Nouma on 23 January 1945
* departed Nouma on 1 May 1945 and arrived in Leyte, Philippine Islands on 17 May 1945 
* departed Leyte on 17 September 1945 and arrived in Aomori, Japan on 25 September 1945 

5.  He was honorably discharged on 19 November 1945 for the purpose of enlistment in the Regular Army.  His WD AGO Form 53-55 for this period of service shows in: 
* Item 31 (Military Qualification and Date) – Marksman [Marksmanship Qualification Badge]
* Item 32 (Battles and Campaigns), he participated in the Western Pacific and Southern Philippine campaigns
* Item 33 (Decorations and Citations) and item 55 (Remarks), he was awarded or authorized the Asiatic-Pacific Theater Ribbon and Philippine Liberation Ribbon
* Item 34 (Wounds Received in Action) – None

6.  He enlisted in the Regular Army on 20 November 1945, while still in Japan.  He returned to CONUS at Aberdeen Proving Ground, MD and then Camp Kilmer, NJ. 

7.  He also served in the European Theater of Operations (ETO) as follows: 

* departed CONUS on 18 July 1946 and arrived in the ETO on 29 July 1946
* departed the ETO on 12 July 1947 and arrived in CONUS on 26 July 1947
* departed CONUS on 1 November 1947 and arrived in the ETO on 13 November 1947
* departed the ETO on 24 November 1948 and arrived in CONUS on 5 December 1948

8.  He was honorably separated on 14 December 1948.  His WD AGO Form 53 (Enlisted Record and Report of Separation-Honorable Discharge) for this period of service shows in: 

* Item 31 – Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Item 32 – he did not participate in any campaigns
* Item 33 – he was awarded or authorized the Army of Occupation Medal and World War II Victory Medal 
* Item 34 – no wounds are listed 

9.  He enlisted in the Regular Army on 15 December 1948.  His NME Form 4 shows in item 37 (medical issues) the entry "Back injury result of ammunition explosion September 1944, Yes, broken right arm, September 1937." 

10.  He was honorably discharged on 2 February 1950.  He subsequently reenlisted multiple times and for each enlistment or reenlistment he was issued a separate DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

11.  He ultimately retired on 30 June 1965 and he was placed on the Retired List in his retired rank/grade of sergeant first class/E-7 on 1 July 1965.  Neither his retirement DD Form 214 nor any previous ones listed award of the Bronze Star Medal.  

12.  He was also recalled to and entered active duty on 1 April 1966.  He was released from active duty on 21 February 1968 and placed on the retired list in the rank/grade of master sergeant/E-8. 

13.  He provides: 

	a.  VA rating decision, dated 21 December 1978, that shows award of service-connected disability compensation for various conditions (chronic lumbosacral pain, calcific tendonitis, chronic prostatitis, and hemorrhoids). 

	b.  WD AGO Form 8-24, dated 18 August 1952, that shows he was admitted to the hospital for a skin condition and a WD AGO Form 8-24, dated 2 March 1945 that shows he was diagnosed with a sprain and left sciatica, in line of duty.  He did not receive any treatment except for a massage.  

14.  War Department Technical Manual 12-236 (Preparation of Separation Forms) provides that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  This manual states that item 34 shows wounds received in action (location and date). 

15.  Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal.  It states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists World War II units' campaign credit.  It shows the 906th Field Artillery was credited with participation in two PTO campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service in the Pacific Theater of Operations is already listed in item 36 of his WD AGO Form 53-55, ending on 19 November 1945.  Normally, the major overseas theater of operations is listed, such as ETO or PTO.  In his case, because he served at various places in the Pacific Theater his service was broken down by location.  All these locations are in the PTO.  Deleting these locations and replacing them with the PTO serves no purpose. 

2.  Additionally, his WD AGO 53-55 shows he was credited with participation in two campaigns, which authorizes him to wear two bronze service stars on his already-awarded Asiatic-Pacific Theater Ribbon.  There is no evidence he was eligible for additional campaign credit.

3.  There is no evidence in the applicant's records and the applicant provides none to show he was recommended for or awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  

4.  The applicant's service and sacrifices during World War II as well as his sincerity are not in question.  However, in the absence of official orders or documentary evidence confirming such orders were published, there is insufficient evidence to correct his records to show the Bronze Star Medal.

5.  There is no evidence the applicant sustained a combat injury during World War II.  By his own admission, he hurt his back offloading supplies during combat operations.  The WD AGO Form 53-55, in effect at the time, required an entry for a combat wound (caused by enemy action) as well as the location and date of the combat injury.  This is not the case here.  Sustaining an injury in a combat theater does not equate to a combat injury.  Therefore, there is insufficient evidence to support the applicant's request. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20140016546



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ABCMR Record of Proceedings (cont)                                         AR20140016546



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