RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 January 2008 DOCKET NUMBER: AR20070009728 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. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Ms. Ann M. Campbell Chairperson Mr. Dean A. Camarella Member Mr. Rodney E. Barber Member 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, correction of his Certificate of Service (WD AGO 53-98) to show award of the Bronze Star Medal for his service in the Philippine Islands during World War II. 2. The applicant states, in effect, that the award was issued to him after his discharge and was never recorded on his WD AGO 53-98. 3. The applicant provides a copy of his correspondence with the National Personnel Records Center showing his authorization to several awards. However, there is no evidence showing that he was awarded the Bronze Star Medal. CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 3. The applicant's WD AGO Form 53-98 shows that he entered into the Army of the United States on 18 February 1943. He served in the Pacific Theater of Operations with the 11th Airborne Division from 1 June 1944 to 21 December 1945. He was a battery commander and participated in the following four campaign periods: Philippine Islands, New Guinea, Southern Philippines, and Luzon. He was returned to the United States on 5 January 1946 and separated from active duty on 14 March 1946. He had attained the rank of captain and had completed 3 years and 21 days of creditable active service. 4. The applicant’s WD AGO 53-98 also lists his awards as the American Theater Service Medal, Asiatic Pacific Service Medal, Philippines Liberation Medal, World War II Victory Medal, and the Purple Heart. It does not show award of the Bronze Star Medal. 5. A search of the National Archives, College Park, Maryland, produced a copy of General Orders Number 186, 11th Airborne Division, dated 18 December 1945, awarding the applicant the Bronze Star Medal for meritorious achievement in connection with military operation against the enemy on Leyte, Philippine Islands from 2 to 31 December 1944. 6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the wear of a bronze service star on the Asiatic-Pacific Campaign Medal for participation in each campaign period. DISCUSSION AND CONCLUSIONS: 1. General orders clearly show that the applicant was awarded the Bronze Star Medal for his meritorious service in the Pacific Theater of Operations in 1944. Therefore, his WD AGO 53-98 should be corrected to show this award. 2. The available evidence clearly shows that the applicant participated in four campaign periods during his tour in the Asiatic-Pacific Theater of Operations. Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Asiatic Pacific Campaign Medal. BOARD VOTE: __AMC _ __REB __ __DAC__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his WD AGO Form 53-98, his authorized awards include the Bronze Star Medal and four bronze service stars to be affixed to already-awarded Asiatic-Pacific Campaign Medal. __ Ann M. Campbell_____ CHAIRPERSON INDEX CASE ID AR20070009728 SUFFIX RECON DATE BOARDED 20080103 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107.0014 2. 3. 4. 5. 6.