RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            MARCH 4, 2004                  
	DOCKET NUMBER:   AR2003089163

	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. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Eric N. Anderson		Member	
	Mr. Kenneth L. Wright		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that he be awarded the Bronze Star Medal that he alleges to have earned during World War II.

2.  The applicant states, in effect, that he was told by his commanding officer that he would see to it that he [the applicant] would receive the Bronze Star Medal for the help that he gave a seriously wounded fellow soldier on the battlefield in December 1944.  In the heat of battle, he states, this information was not relayed back to battalion headquarters.

3.  The applicant provided a copy of a self-authored statement outlining the events upon which he feels he is deserving of award of the Bronze Star Medal, a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge, and other correspondence between him and a Member of Congress to support his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an injustice, which occurred in December 1944, during World War II.  The application submitted, in this case, is dated 26 March 2003.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s request for award of the Bronze Star Medal is outside the statute of limitations on approval of award recommendations for actions during World War II.  However, the applicant’s request for this award can be considered under the provisions of Title 10, United States Code, Section 1130, which governs consideration of awards not submitted within time limits established by law.  The applicant must exhaust this remedy before the ABCMR will consider this portion of his request and he has been so notified by separate correspondence.  Therefore, consideration of award of the Bronze Star Medal to the applicant will not be discussed further in this Record of Proceedings.

4.  In the processing of the applicant's request, it was determined that the applicant is entitled to other awards and/or corrections related to his World War II 

Army service which were not included on his WD AGO Form 53-55.  These awards should be addressed at this time.

5.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

6.  Records show that the applicant was inducted into the Army of the United States on 23 October 1942, at Camp Dodge, Iowa.  He entered active duty on 6 November 1942.  

7.  The applicant's WD AGO Form 53-55 shows that he departed en route to the Asiatic-Pacific Theater of Operations (APTO) on 26 January 1945 and arrived there on 7 March 1945.  The applicant departed the APTO en route to the Continental United States (CONUS) on 25 January 1946 and arrived in the CONUS on 11 February 1946.

8.  The applicant was honorably discharged in the grade of Technician 5th Grade under the provisions of Army Regulation 615-365, for the convenience of the government, at demobilization, on 17 February 1946.  On his discharge date, the applicant had served in the APTO for 1 year and 16 days and in the CONUS for 2 years, 3 months and 9 days.  While in the Army, the applicant served in the military occupational specialty (MOS), 056 (Postal Clerk).

9.  The applicant's WD AGO Form 53-55, shows no award of the Bronze Star Medal in block 33 (Decorations and Citations).  The WD AGO Form 53-55 was authenticated by the applicant in his own hand on the date of his discharge from the Army, attesting that the information shown on the form was correct, to the best of his knowledge.

10.  Block 32 (Battles and Campaigns) of the WD AGO Form 53-55 shows that the applicant participated in the Southern Philippines Campaign of World War II.  Block 33, of this same form, shows that the applicant was awarded the Good Conduct Medal and the Philippine Liberation Ribbon, with one bronze service star.  Block 55 (Remarks) shows he was issued the Lapel Button [properly known as the Honorable Service Lapel Button].

11.  AR 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.

12.  The above regulation also provides for award of the Asiatic-Pacific Campaign Medal.  The award is made to recognize service in the APTO between 7 December 1941 and 2 March 1946.  Qualifying service for this award includes 

permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

13.  The regulation further provides for award of a bronze service star, based on qualifying service, for each campaign listed in the regulation's Appendix B, and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Asiatic-Pacific Campaign Medal.

14.  AR 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the CONUS, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the CONUS as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the CONUS for an aggregate period of one year.

15.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, published to assist commanders and personnel officers in determining and establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and the Korean War indicates that the 239th Engineer Battalion (Construction) was awarded the Philippine Republic Presidential Unit Citation, for the period 17 October 1944 through 4 July 1945, by DA General Order Number 49, dated 1950.

16.  DA Pamphlet 672-1 also shows that the applicant's unit, the 239th Engineer Battalion (Construction), was awarded campaign participation credit for the campaign on Leyte, which extended from 17 October 1944 through 1 July 1945, and for the Southern Philippines Campaign, which extended from 27 February through 4 July 1945.  The Southern Philippines Campaign is already shown on the applicant's WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The 239th Engineer Battalion, the unit to which the applicant was assigned, was cited for award of the Philippine Republic Presidential Unit Citation during 

the period he was a member of that unit; he is therefore entitled to have this unit citation included among his awards on his WD AGO Form 53-55.

2.  The applicant served in the APTO during the qualifying period in World War II. His unit, the 239th Engineer Battalion (Construction), was awarded campaign credit for participation in the Leyte and in the Southern Philippines Campaigns during the time the applicant was a member of the unit.  He is therefore eligible for award of the Asiatic-Pacific Campaign Medal with two bronze service stars.  

3.  The Southern Philippines Campaign of World War II is shown in block 32 of the applicant's WD AGO Form 53-55.  He was assigned to a unit that was awarded campaign participation credit for the campaign on Leyte.  He is therefore eligible to have this campaign added to block 32 of his WD AGO Form 53-55.

4.  The applicant served on active duty during the qualifying period for award of the World War II Victory Medal.  He is therefore entitled to this award and to have it added to his separation document at this time.

5.  The applicant served during the qualifying period and for in excess of an aggregate of one year service in the CONUS.  He is therefore eligible for award of the American Campaign Medal and to have it added to his WD AGO Form 53-55.

BOARD VOTE:

kan_____  klw _____  ena_____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant campaign participation credit for his service with the 239th Engineer Battalion (Construction) at the time it was awarded campaign participation credit for "Leyte," and to have it added to block 32 of his WD AGO Form 53-55; and 

b.  awarding the applicant the World War II Victory Medal, the American Campaign Medal, the Asiatic-Pacific Campaign Medal, with two bronze service stars, and the Philippine Republic Presidential Unit Citation, and adding these awards to the applicant's WD AGO Form 53-55.

		___Kathleen A. Newman___
		        CHAIRPERSON

INDEX

CASE ID	AR2003089163	
SUFFIX		
RECON		
DATE BOARDED	20040304	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  60	107.0014	
3.		
4.		
5.		
6.