IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140010527 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show his award of the Presidential Unit Citation (PUC).

2.  The applicant states that his unit (475th Infantry Regiment) was awarded the PUC and it is not reflected on his WD AGO Form 53-55.

3.  The applicant provides a copy of his WD AGO Form 53-55.

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 members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was inducted on 4 June 1943 and entered active duty in Erie, Pennsylvania on 11 June 1943.  He completed his training and departed for the Asiatic-Pacific Theater (APT) on 18 January 1944.  He participated in the Burma and India Burma Campaigns with the 475th Infantry Regiment which was part of the 5307th Composite Unit (Provisional), also known as Merrill’s Marauders.

4.  He returned to the United States on 12 September 1945 and was transferred to Fort Bragg, North Carolina where he remained until he was honorably discharged in the rank of staff sergeant on 21 November 1945.  His WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge (CIB), Asiatic-Pacific Theater Campaign Medal with two bronze service stars, Good Conduct Medal, and the World War II Victory Medal.

5.  A review of the available records shows entries indicating he was awarded the Good Conduct Medal, CIB, APT Service Ribbon with bronze service star, Overseas Service Bars.  It also shows that the applicant’s unit was cited for the Northern Burma Campaign and awarded the PUC in War Department General Order #54 dated 5 July 1944 (emphasis added).

6.  Army Regulation 600-8-22 (Military Awards) states 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II (WWII).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s unit was awarded the Distinguished Unit Citation, now known as the PUC, for his unit’s participation in the Northern Burma Campaign and he is entitled to have that award added to his WD AGO Form 53-55. 

2.  Additionally, the applicant also is entitled to award of the Bronze Star Medal (BSM) by virtue of the fact that he was awarded the CIB during WWII.  
3.  Accordingly, he should be awarded the BSM and it should be added to his WD AGO Form 53-55.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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:

* awarding him the BSM for meritorious service during WWII based on award of the CIB
* adding the awards of the BSM and PUC to his WD AGO Form 53-55

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the WWII are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140010527



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ABCMR Record of Proceedings (cont)                                         AR20140010527



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