PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 April 2002                  
	DOCKET NUMBER:   AR2002068965

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy 		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyi		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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show a temporary duty assignment in Japan from November 1945 to February 1946. 

3.  The applicant states that his discharge document does not show that he was in Japan from November 1945 to February 1946.  He contends that he has documentation and pictures to prove that he was in Japan during the period.  In support of his application, he submits a copy of his WD AGO Form 53-55; transfer orders, dated 21 December 1945; a document titled “Hiroshima and Nagasaki Occupation Forces”; a letter, dated 26 October 2001, from the National Personnel Records Center; Morning Reports, dated 12-13 October 1945, 21-22 October 1945, 16 December 1945, 20-23 December 1945, 26-28 December 1945, and 21-22 January 1946; historical data; a map of Japan; five photographs depicting sites in Japan; a letter, dated 5 December 2001, from a Member of Congress; and a letter, dated 8 June 2001, from the applicant.   

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 
24 April 1944.  He served as a rifleman in the Asiatic Pacific Theater of Operations from 18 January 1945 through 21 January 1946 and was honorably discharged on 15 February 1946.

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show that he served in Japan.     

6.  In support of his claim, the applicant provided copies of Morning Reports which show that he was a member of Company A of the 34th Infantry Regiment, and subsequently a member of Company G of the 34th Infantry Regiment, and that he served in Japan from 22 October 1945 to 21 January 1946. 

7.  Notwithstanding these Morning Reports, Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II.  This document shows the unit to which the applicant was assigned, the 34th Infantry Regiment, did not receive occupation credit for Japan.

8.  The applicant’s WD AGO Form 53-55 shows that he received the Combat Infantryman Badge during World War II.

9.  Special Regulations Number 615-360-1 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, 

established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required.  This regulation governed preparation of the discharge document.  The regulation provides no authority to show temporary duty assignments/deployments on the WD AGO Form 53-55.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal 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 Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1.  The applicant’s request that his temporary duty assignment in Japan be shown on his WD AGO Form 53-55 was noted by the Board.  However, there are no provisions for entering duty assignments/deployments on the WD AGO Form 53-55.  Therefore, there is no basis for granting the applicant’s request.

2.  The applicant received the Combat Infantryman Badge during World War II. Therefore, he is entitled to correction of his military records to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge).

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

KAK____  MDM___  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Karol A. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2002068965	
SUFFIX		
RECON		
DATE BOARDED	20020423	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	100.0000	
3.		
4.		
5.		
6.