IN THE CASE OF:
BOARD DATE: 29 October 2015
DOCKET NUMBER: AR20150003476
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 former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show the:
* Purple Heart
* Combat Infantryman Badge (CIB)
* All other awards he may be authorized
2. He states the FSM received a grenade injury in the back of his legs. He believes the awards were omitted from the FSM's separation document.
3. He provides the FSM's WD AGO Form 53-55.
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 FSM's military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, there were sufficient documents contained in the FSM's reconstructed file for the ABCMR to conduct a fair and impartial review of this case.
3. Records available to the Board show the FSM was inducted into the Army of the United States on 23 June 1943 and entered active duty on 7 July 1943. He served in the Western Pacific Theater of Operations (WPTO) from 2 March 1944 to 26 January 1946 and he was honorably discharged on 13 February 1946.
4. The FSM's WD AGO Form 53-55 lists his organization as 25th infantry Regiment, 25th Infantry Division. His military occupational specialty (MOS) is listed as 745 (Rifleman).
5. Item 31 (Military Qualification and Date) of the FSM's WD AGO Form 53-55 show he qualified as follows:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-1), Orders Number 170, dated 20 August 1943
* Sharpshooter Marksmanship Qualification Badge with Multiple Grenade Launcher (30 caliber), Orders Number 169, dated 21 September 1943
6. Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he participated in the following campaigns:
* Luzon
* Southern Philippines
7. Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows the following:
* Asiatic Pacific Service Medal
* Good Conduct Medal
* Philippines Liberation Ribbon
* World War II Victory Medal
8. Item 34 (Wounds) of the FSM's WD AGO Form 53-55 contains the entry "None."
9. Documents contained in the FSM's reconstructed file show he was awarded the CIB, by General Orders Number 5, issued by Headquarters, 25th Infantry Division, dated 1 February 1945.
10. Documents also show he was wounded in action (WIA) on 30 March 1945. He sustained a shot wound with multiple lacerations to the lower extremities posterior and bilateral chest and face and he was admitted to the 3rd Field Hospital. He was awarded the Purple Heart by General Orders Number 514, issued by Headquarters, 25th Infantry Division, dated 27 December 1945, for wounds received on 30 March 1945.
11. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.
DISCUSSION AND CONCLUSIONS:
1. General Orders Number 5, dated 1 February 1945, awarded the FSM the CIB.
2. Documents contained in the FSM's reconstructed file verify that he was WIA on 30 March 1945 and he was awarded the Purple Heart by General Orders Number 514, dated 27 December 1945.
3. The regulation, as cited above, authorizes award of the BSM for individuals who were authorized the CIB for service during World War II.
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:
a. awarding the FSM the Bronze Star Medal;
b. adding to item 31 of the FSM's WD AGO Form 53-55 the Combat Infantryman Badge, Orders 5, 1 February 1945; and
c. adding to item 33 of the FSM's WD AGO Form 53-55 the:
* Purple Heart
* Bronze Star 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) AR20150003476
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ABCMR Record of Proceedings (cont) AR20150003476
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