IN THE CASE OF:  

		BOARD DATE:  4 August 2015	

		DOCKET NUMBER:  AR20140017341 


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, the son of a deceased former service member (FSM), requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20130018526 on 2 July 2014.  Specifically, he requests correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his father was awarded the Ranger Tab and authorized one overseas service bar. 

2.  The applicant states:

	a.  Pursuant to the criteria established in Army Regulation 600-8-22 (Military Awards), included as eligible for award of the Ranger Tab are those Soldiers who were awarded the Combat Infantryman Badge in World War II (WWII) as a member of a Ranger battalion (1st through 6th), or in the 5307th Composite Unit (Provisional) and 475th Infantry Regiment (Merrill's Marauders). 

	b.  The Board concluded the FSM was assigned to the 475th Infantry Regiment on 25 May 1944 and was awarded the Combat Infantryman Badge while assigned to the 475th Infantry Regiment.  However, the Board offered no evidence to support its conclusion regarding the FSM's date of assignment to the 475th Infantry Regiment, and also failed to take into account when the award of the Combat Infantryman Badge was made effective.

	c.  The provided evidence will show that the FSM was, in fact, assigned to the 5307th Composite Unit (Provisional) on 1 June 1944, and he was awarded the Combat Infantryman Badge on that same date.
3.  The applicant provides copies of the following documents:
* Tab A – Special Orders Number 94, issued by Headquarters, 5307th Composite Unit (Provisional) on 7 June 1944
* Tab B – Special Orders Number 9, issued by Headquarters, 5332nd Brigade (Provisional) on 18 August 1944
* Tab C – General Orders Number 3, issued by Headquarters, 475th Infantry Regiment on 25 August 1944
* Tab D – an extract of a publication titled "The Merrill's Marauders War in Burma"
* Tab E – an online article from FoxNews.com titled "One of Last Surviving WWII 'Merrill's Marauders' Finally Receives Bronze Star [Medal]"
* Tab F – an extract of ABCMR Docket Number AR200309094, dated 13 January 2004

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130018526, dated 2 July 2014.

2.  The applicant provides special and general orders, as well as other historical material related to the 5307th Composite Unit (Provisional) and the 475th Infantry Regiment, which was not previously considered by the Board.  Therefore, these orders and other reference material are considered new evidence that warrants consideration by the Board.

3.  The FSM's complete military service 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 portions of the FSM's records were lost or destroyed in that fire.  However, there are sufficient records available for the Board to conduct a fair and impartial review of this case.

4.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 19 February 1943 and he entered active service on 26 February 1943.  

5.  The FSM fought in the China-Burma-India Theater of Operations during WWII, where, after his arrival in the Theater on 25 May 1944, he served with the 5307th Composite Unit (Provisional) and the 475th Infantry Regiment.

6.  Special Orders Number 94, issued by Headquarters, 5307th Composite Unit (Provisional) on 7 June 1944, show the FSM was assigned to the 5307th Composite Unit (Provisional), effective 1 June 1944.

7.  The 5307th Composite Unit (Provisional) was disbanded on 10 August 1944 and its remaining personnel (including the FSM) were consolidated with the 475th Infantry Regiment.  The FSM was assigned to Company L, 475th Infantry Regiment. 

8.  General Orders Number 3, issued by Headquarters, 475th Infantry Regiment on 25 August 1944, awarded the FSM the Combat Infantryman Badge, effective 1 June 1944. 

9.  General Orders Number 8, issued by Headquarters, 475th Infantry Regiment on 15 October 1944, awarded the FSM the Purple Heart for wounds received in combat on 14 June 1944. 
 
10.  The FSM was honorably discharged on 26 July 1945 after completing 2 years, 5 months, and 9 days of total service, including 1 year, 9 months, and 7 days of continental service and 8 months and 2 days of foreign service.  The FSM's WD AGO Form 53-55 shows in:

	a.  item 3 (Grade):  Private First Class;

	b.  item 4 (Arm or Service):  Infantry;
	
   c.  item 6 (Organization):  Company L, 475th Infantry Regiment;

	d.  item 30 (Military Occupational Specialty and Number):  Rifleman, 745;

	e.  item 31 (Military Qualification and Date):  

* Combat Infantryman Badge, 25 August 1944
* Sharpshooter Marksmanship Qualification Badge with M-1 Rifle, 13 April 1943

   f.  item 34 (Wounds Received in Action):  Head, Burma, 14 June 1944; and

   g.  item 36 (Service Outside Continental United States (CONUS) and Return):

* CONUS - departed 23 April 1944
* China-Burma-India Theater of Operations 

* arrived 25 May 1944
* departed 5 December 1944

* CONUS - arrived 24 December 1944

11.  The Army Review Boards Agency issued the FSM a DD Form 215 (Correction to DD Form 214 – Certificate of Release or Discharge from Active Duty) on 25 April 2007, which corrected his WD AGO Form 53-55 to show in:

   a.  item 32 (Battles and Campaigns):  India-Burma; and
   
b.  item 33 (Decorations and Citations):
   
* Purple Heart
* Bronze Star Medal
* Army Good Conduct Medal
* Asiatic-Pacific Campaign Medal with one bronze service star
* World War II Victory Medal
* American Campaign Medal

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  Paragraph 8-48 provides the regulatory provisions governing the award of the Ranger Tab.  This paragraph provides, in part, that the Ranger Tab is awarded to any person who was awarded the Combat Infantryman Badge while serving in WWII as a member of a Ranger Battalion (1st through 6th, inclusive) or in the 5307th Composite Unit (Provisional) and 475th Infantry Regiment (Merrill's Marauders).

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  

	a.  An overseas service bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  

	b.  Overseas services bars are not [emphasis added] normally entered on the WD AGO Form 53-55 or DD Form 214, because it is an item of uniform wear, not an award or decoration.  As such, ABCMR policy is that if it is already entered on the WD AGO Form 53-55, but the number of bars listed is wrong, the ABCMR will correct the entry; otherwise, correction of the record is not authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's WD AGO Form 53-55 should be corrected to show the Ranger Tab and one overseas service bar, because the FSM served with the 5307th Composite Unit (Provisional) and the 475th Infantry Regiment (Merrill's Marauders), the FSM was awarded the Combat Infantryman Badge, and the FSM completed 8 months and 2 days of foreign service.  His contentions were carefully considered and have merit, in part.

2.  The evidence of record shows the FSM was assigned to both the 5307th Composite Unit (Provisional) and the 475th Infantry Regiment.  It further shows the FSM was awarded the Combat Infantryman Badge on 1 June 1944.  

3.  The Ranger Tab is authorized for award to any person who was awarded the Combat Infantryman Badge while serving in WWII as a member of a Ranger Battalion (1st through 6th, inclusive) or in the 5307th Composite Unit (Provisional) and 475th Infantry Regiment (Merrill's Marauders).

4.  The evidence of record shows the FSM served as a member of both of the above units and was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show the Ranger Tab.
   
5.  Records show the FSM completed 8 months and 2 days of foreign service. Thus, he was authorized to wear one overseas service bar on his Army uniform.  However, overseas service bars are not entered on the WD AGO Form 53-55, because it is an item of uniform wear, not an award or decoration.  As such, there is no basis to grant 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.  

2.  The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20130018526 on 2 July 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to show he was awarded the Ranger Tab.

3.  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 correcting the FSM's WD AGO Form 53-55 to show 1 overseas service bar.




      _______ _   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)                                         AR20130018526



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ABCMR Record of Proceedings (cont)                                         AR20140017341



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