IN THE CASE OF:
BOARD DATE: 27 OCTOBER 2015
DOCKET NUMBER: AR20150004254
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 correction of his late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Bronze Star Medal (BSM) with "V" Device and bronze service arrowhead (currently known as an arrowhead device).
2. The applicant states that while researching his father's service, he discovered two awards for valor were omitted from his official record.
3. The applicant provides:
* general orders for the bronze service arrowhead
* letter from the War Department Adjutant General's Office and Records Administration Center, dated 31 March 1948, awarding the FSM the BSM with "V" Device
* photograph of a Soldier being awarded a BSM
* FSM's death certificate
* FSM's WD AGO Form 53-55
* letter from the National Personnel Records Center, dated 27 December 2011
* his birth certificate
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 complete military 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 the FSM's 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 FSM's WD AGO Form 53-55 shows:
* he was inducted into the Army of the United States on 19 February 1943
* he entered active duty on 28 February 1943
* he served in the Asiatic-Pacific theater of operations from 13 August 1943 to 25 November 1945
* he participated in three campaigns (Bismarck Archipelago, Luzon, and New Guinea)
* he was wounded in action on 21 May 1945
* he was awarded the Philippine Liberation Ribbon with one bronze service star, Purple Heart, Army Good Conduct Medal, Asiatic-Pacific Campaign Medal, and World War II Victory Medal
* he was honorably discharged on 23 December 1945
4. The applicant provided Headquarters, 209th Anti-Aircraft Artillery Automatic Weapons Battalion, General Orders Number 23, dated 13 October 1945, awarding the FSM the bronze service arrowhead for participation in the initial assault landing on a hostile shore at Saidor, New Guinea, on 2 January 1944.
5. The applicant also provided a letter from the War Department Adjutant General's Office and Records Administration Center, dated 31 March 1948, stating the FSM was awarded the BSM with "V" Device for valor on 21 May 1945 on Luzon, Philippine Islands.
REFERENCES:
Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. A bronze service star is authorized with the Asiatic-Pacific Campaign Medal to denote participation in a named campaign listed in appendix B or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.
b. The arrowhead device is authorized with the Asiatic-Pacific Campaign 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.
DISCUSSION:
1. The War Department letter provided by the applicant which states the FSM was awarded the BSM with "V" Device for valor on 21 May 1945 on Luzon, Philippine Islands, is accepted as sufficient evidence on which to base adding award of the BSM with "V" Device to the FSM's WD AGO Form 53-55.
2. The FSM participated in three campaigns during World War II and was awarded the arrowhead device. He is authorized award of the Asiatic-Pacific Campaign Medal with three bronze service stars. His WD AGO Form 53-55 does not show these bronze service stars or arrowhead device.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont) AR20150004254
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150004254
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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