PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           6 November 2003
	DOCKET NUMBER:  AR2003088858

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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 that his report of separation (WD AGO Form 53-55) be corrected to reflect awards of the Silver Star and Bronze Star Medal (BSM).

3.  The applicant states, in effect, that his awards of the Silver Star and BSM were never added to his WD AGO Form 53-55.  In support of his application he submits a copy of his WD AGO Form 53-55 and a letter from a hospital commander notifying him that he had been awarded the BSM with a copy of orders enclosed.

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, the documents submitted by the applicant show that he was inducted on 14 October 1942 and entered active duty at Fort Grant, Illinois on 28 October 1942.  He completed his training as an infantryman and departed for the Asiatic-Pacific Theater of Operations (APTO) on 24 July 1944.  He was assigned to Company B, 381st Infantry Regiment, 96th Infantry Division.

5.  The applicant was wounded on 10 April 1945 and departed the APTO on 23 September 1945. 

6.  On 12 December 1945, he was honorably discharged in the rank of staff sergeant at O'Reilly General Hospital in Springfield, Illinois, and was issued a Certificate of Disability for Discharge.  He had served 3 years, 1 month and 15 days of total active service and was awarded the Combat Infantryman Badge, the Asiatic-Pacific Theater Ribbon with two bronze service stars, the Purple Heart, the Philippines Liberation Ribbon with one bronze service star and the American Theater Ribbon.

7.  On 25 January 1946, the commander of the O'Reilly General Hospital dispatched a letter to the applicant notifying him that he had been awarded the BSM by General Orders Number 487, issued by Headquarters, 96th Infantry Division, dated 10 July 1945.  A copy of the orders and the medal were provided.

8.  General Orders Number 487 shows no one being awarded the Silver Star; however, it shows that the applicant was awarded the BSM for meritorious achievement in connection with military operation against the enemy during the period of 25 October 1944 to 3 February 1945 (Leyte Island) and 1 April to 10 April 1945 (Okinawa Island). 

9.  Army Regulation 600-8-22 provides that the World War II (WW II) Victory Medal was established by the act of Congress 6 July 1945 (59 Stat 461). It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

10.  Army Regulation 600-8-22 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.  

11.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Register shows that the applicant's unit, the 381st Infantry Regiment, 96th Infantry Division, was awarded the Meritorious Unit Commendation (MUC) and the Philippine Presidential Unit Citation during the period the applicant served with the unit. 

CONCLUSIONS:

1.  Although the orders provided by the applicant have a section I, for award of the Silver Star, it does not contain the names of any awardees.  The order does contain the applicant's name in section II, awarding him the BSM for meritorious achievement.  Accordingly, it would be in the interest of justice to add it to his records at this time.

2.  Inasmuch as the applicant has failed to show evidence to substantiate his claim of an award of the Silver Star, there is no basis to add that award to his records at this time.

3.  However, the Board finds that he is authorized awards of the WWII Victory Medal, the MUC and the Philippine Presidential Unit Citation.

4.  In view of the foregoing, the applicant’s records should be corrected 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 BSM and by awarding him the WWII Victory Medal, the MUC and the Philippine Presidential Unit Citation. 

2.  That so much of the application as pertains to adding an award of the Silver Star to his records that is in excess of the foregoing be denied.

BOARD VOTE:  

____sk__  __mb____  ___rjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Stanley Kelley______
		        CHAIRPERSON

INDEX

CASE ID	AR2003088853	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/11/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  53	107.0007/SS	
2.  60	107.0014/BSM	
3.  80	107.0034/MUC	
4.  112	107.0066/WWII VM	
5.  137	107.0091/PHPUC	
6.