PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                29 August 2000              
	DOCKET NUMBER:       AR2000040206

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of item 20 (U.S. Citizen) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show that he was not a citizen of the United States (U.S.) at the time of his discharge.  He also requests correction of item 34 (Wounds Received in Action) to show that he was wounded in action in the “Southwest Asiatic-Pacific Theater of Operations (SWPTO)” instead of the “European-African-Middle Eastern Theater of Operations (ETO)”.

3.  The applicant states that he was not a citizen at the time of his discharge.  He contends that he was wounded in Luzon in the Southwest Asiatic-Pacific Theater of Operations instead of the European-African-Middle Eastern Theater of Operations.  In support of his application, he submits a copy of his WD AGO Form 53-55 and a copy of his Certificate of Naturalization. 

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 20 January 1943. He completed training as a fire control instrument operator and served in the Asiatic-Pacific Theater of Operations from 31 May 1944 to approximately December 1945.  He was honorably discharged on 28 December 1945.

5.  The applicant’s WD AGO Form 53-55 shows the entry “YES” in item 20.  

6.  The applicant provided a copy of his Certificate of Naturalization, dated 24 May 1977, which indicates that he was naturalized as a citizen of the U.S. by the Superior Court of San Bernardino at San Bernardino, California on 24 March 1947.

7.  Item 34 of the applicant’s WD AGO Form 53-55 shows the entry “ETO 19 MAR 45”.  However, item 33 shows the applicant was awarded the Purple Heart by 11th Airborne Division General Order Number 49, dated 1945.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 11th Airborne Division served only in the Pacific Theater.

8.  The applicant’s WD AGO Form 53-55 shows he served in the Southwest Asiatic-Pacific Theater of Operations.  In addition, item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he received credit for participation in New Guinea, Southern Philippines and Luzon campaigns during his service in the Southwest Asiatic-Pacific Theater of Operations. 

9.  The Board noted that the applicant was eligible for award of the World War II Victory Medal, the Philippine Presidential Unit Citation and the Parachutist Badge which are not shown on his WD AGO Form 53-55.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, unit awards authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned, the 11th Airborne Division, received the Philippine Presidential Unit Citation for actions during the period 17 October 1944 to 4 July 1945 by Department of the Army General Orders Number 47-50.

12.  War Department Form 372A (Final Payment – Worksheet) shows the applicant received Parachutist Badge pay from 1 November 1945 to 28 November 1945.

13.  Department of the Army Technical Manual TM12-235, in effect at the time, established the policies and procedures for completion and distribution of the WD AGO Form 53-55.  It states, in pertinent part, that the individual’s U.S. citizenship will be entered in item 20 and wounds received in action will be entered in item 34 of the WD AGO Form 53-55.  

14.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was naturalized as a citizen of the U.S. in March 1947 which is after his discharge from active duty.  Therefore, the applicant is entitled to correction of item 20 on his WD AGO Form 53-55 to show the entry “NO”.

2.  Evidence of record shows that the applicant served in the Southwest Asiatic-Pacific Theater of Operations from May 1944 to December 1945.  There is no evidence of record which shows that he served or was wounded in action in the European-African-Middle Eastern Theater of Operations in March 1945.  

3.  Based on paragraph 2 above, the applicant is entitled to amendment of item 34 on his WD AGO Form 53-55 to show the entry “SWPTO 19 Mar 45” in lieu of “ETO 19 Mar 45”.

4.  The applicant served during the period of qualifying service for award of the World War II Victory Medal; therefore, he is entitled to correction of his WD AGO Form 53-55 to show the World War II Victory Medal.

5.  While the applicant was assigned to the 11th Airborne Division, the unit was cited for award of the Philippine Presidential Unit Citation; therefore, he is entitled to correction of his records to show the Philippine Presidential Unit Citation.

6.  Evidence of record shows that the applicant was awarded Parachutist Badge pay from 1 November 1945 to 28 November 1945; therefore, he is entitled to award of the Parachutist Badge and correction of his records to show this award.

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by amending the WD AGO Form 53-55 of the individual concerned to show “NO” in item 20;

	b.  by deleting the entry “ETO 19 Mar 45” in item 34 on his WD AGO Form 53-55; and

	c.  by adding the entry “SWPTO 19 Mar 45” in item 34 on his WD AGO Form 53-55.

	d.  by amending item 33 on his WD AGO Form 53-55 to show he was awarded the World War II Victory Medal, the Philippine Presidential Unit Citation and the Parachutist Badge. 

BOARD VOTE:  

JDM____  RA_____  CG______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John D. Miller________
		CHAIRPERSON

INDEX

CASE ID	AR2000040206	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000829     	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.