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ARMY | DRB | CY2005 | 20050011252
Original file (20050011252.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 March 2006
      DOCKET NUMBER:  AR20050011252


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. Larry W. Racster              |     |Member               |

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request that
his record and separation document (WD AGO Form 53-55) be updated to
include all the awards to which he is entitled.

2.  The applicant states, in effect, that he was unaware that there was a
statute of limitations when he requested his records be corrected to
reflect all his awards.  He provides an outline of where and when he served
during World War II.  He also states that he was awarded the Purple Heart
in December 2003 and he would like this award added to his record.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Letter; WD AGO Form 53-55; Separation
Qualification Record (WD AGO Form 100); Human Resources Command (HRC)
Letter, dated
21 November 2003; Purple Heart Certificate; HRC Letter, dated 17 April
2001; 27th Engineer Construction Battalion Unit History, dated 14 August
1946; and Unit Award Orders.

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
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004103289 on 16 September 2004.

2.  The applicant's WD AGO Form 53-55 shows that he was inducted into the
Army of the United States and entered active duty on 13 May 1943.  This
document shows that his organization was the 27th Engineer Construction
Battalion, and he served in the Pacific Theater of Operations (PTO) from 3
February 1944 through 15 December 1945.  It further shows that he was
credited with participating in the Luzon, New Guinea, and Southern
Philippines campaigns, and he earned the following awards: American Service
Medal; Asiatic-Pacific Service Medal; Army Good Conduct Medal; Philippines
Liberation Medal with 1 bronze service star; and World War II Victory
Medal.  The applicant authenticated this document with his signature on the
date of his separation, 12 January 1946.

3.  In his first application to the Board, the applicant specifically
requested that he be awarded the American Service Medal, Distinguished
Service Medal, Army Soldier's Medal, Army Commendation Medal, Army
Achievement Medal, and Combat Action Ribbon.

4.  The Board found no evidence that would support granting any of the
awards requested, with the exception of the American Service Medal, which
was already listed in the authorized awards contained on his WD AGO Form 53-
55.  The Purple Heart awarded the applicant in 2003 was included in the
documentation reviewed by the Board, and it was noted that this award had
already been added to his separation document by a correction (DD Form 215)
issued at that time.

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 5-13 contains guidance on the Asiatic-Pacific Campaign
Medal.  It states, in pertinent part, that a bronze service star is
authorized for wear with this award for each campaign a member participated
in while serving in the PTO, and a bronze arrowhead is authorized for wear
on this medal to denote participation in a combat parachute jump,
helicopter assault landing, combat glider landing, or amphibious assault
landing; however, only one arrowhead will be worn on any ribbon.

6.  Paragraph 9-24 contains guidance on the Philippine Republic
Presidential Unit Citation.  It states that it was awarded to certain units
of the Armed Forces of the United States in recognition of participation in
the war against the Japanese Empire during the periods 7 December 1941 and
10 May 1942, inclusive, and
17 October 1944 and 4 July 1945, inclusive.  Not more than one Philippine
Republic Presidential Unit Citation will be worn by an individual and no
oak leaf cluster or other appurtenance is authorized.

7.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the applicant’s unit (27th Engineer
Construction Battalion) was awarded assault landing credit for the Noemfoor
Island on 2 July 1944 and Wadke Island on 17 and 18 May 1945; and the unit
was awarded the Philippine Republic Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence submitted by the applicant was carefully considered and it
was determined that there is still insufficient evidence to support
awarding him the Distinguished Service Medal, Army Soldier's Medal, Army
Commendation Medal, Army Achievement Medal, and Combat Action Ribbon, as he
requested in his first application.  As a result, there is an insufficient
evidentiary basis to support amending the original decision of the Board.

2.  The evidence does show that based on his service and campaign
participation in the PTO, he is entitled to the Philippine Republic
Presidential Unit Citation, and 1 bronze arrowhead and 3 bronze service
stars with his Asiatic-Pacific Campaign Medal.  The omission of these
awards is an administrative matter that does not require Board action to
correct.  Therefore, correction of the applicant's record will be
accomplished by the Case Management Support Division (CMSD), St. Louis,
Missouri, as outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KAN _  __LCB __  ___LWR_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to amend the decision of
the ABCMR set forth in Docket Number AR2004203289, dated 16 September 2004.


2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show his entitlement to the Philippine Republic Presidential
Unit Citation, and 1 bronze arrowhead and 3 bronze service stars with his
Asiatic-Pacific Campaign Medal; and by providing him a correction to his
separation document that includes these changes.




                                  _____Kathleen A. Newman ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011252                           |
|SUFFIX                  |                                        |
|RECON                   |AR2004203289/ 2004/09/16                |
|DATE BOARDED            |2006/03/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/01/12                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY with Adm Note                      |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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