BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011827 BOARD VOTE: ____x____ __x______ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011827 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. awarding him the Bronze Star Medal based on his previous award of the Combat Infantryman Badge; and b. amending his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) by adding the: * Bronze Star Medal * Presidential Unit Citation * Philippine Republic Presidential Unit Citation ___________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. BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011827 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, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show he was awarded the Bronze Star Medal (BSM) for his service during World War II (WWII). 2. The applicant states, in effect, her father was awarded the Combat Infantryman Badge (CIB); therefore, he should also be awarded the BSM for his service in WWII. He was not aware of this before he passed away and his family would like his grave marker to reflect this award. 3. The applicant lists a Veteran’s Service Officer in Ohio as counsel on this application to the Board; however, counsel did not include a request, statement, or other documentation with this request. 4. The applicant provides copies of: * her birth certificate and her marriage license * the FSM’s certified State of Ohio death certificate * three of the FSM’s certified DD Form 256A (Honorable Discharge Certificate) * a letter from the Director, Case Management Division, dated 29 February 2016 and her response dated 22 March 2016 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 FSM's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of evidence provided by the applicant and the FSM's WD AGO Form 53-55. 3. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 19 March 1943 and was honorably discharged on 25 December 1945. This form shows the following pertinent information: * item 3 (Grade) – Private First Class * item 4 (Arm or Service) – INF (Infantry) * item 6 (Organization) – Headquarters Company, 3rd Battalion, 124th Infantry Regiment, * item 30 (Military Occupational Specialty and No.) – Cannoneer 610 * item 31 (Military Qualification and Date) – Expert Infantryman Badge * item 32 (Battles and Campaigns) – New Guinea and the Southern Philippines (Liberation) * item 33 (Decorations and Citations) – * Purple Heart * Army Good Conduct Medal * Asiatic-Pacific Theater Ribbon [known now as the Asiatic-Pacific Campaign Medal] with 2 bronze stars and bronze arrowhead * Philippine Liberation Ribbon with 1 bronze star * 3 overseas service bars * item 34 (Wounds Received in Action) – "Wounded in (ineligible) on Mindanao Philippines 31 May 45" * item 36 (Service Outside Continental U.S. and Return) – he departed the U.S. on 10 February 1944 enroute to the PTO [Pacific Theater of Operations] and arrived on 17 March 1944 and departed 27 November 1945 enroute to the U.S. and arrived on 14 December 1945 * item 37 (Total Length of Service) – he completed 10 months and 25 days of continental service and 1 year, 10 months, and 5 days of foreign service * item 55 (Remarks) – he was awarded: * World War II Victory Medal * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1 and Carbine) * Lapel Button REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 CIB or Combat Medical Badge is considered to be a citation in orders for the BSM. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during WW II. b. The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. c. The Philippine Republic Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive. No more than one Philippine Republic Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized. 2. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credit for World War II. This pamphlet shows the unit to which the applicant was assigned was cited for the: * Distinguished Unit Citation, for outstanding performance of duty in actin near Aitape, British New Guinea, during the period 12 July to 7 August 1944, by War Department General Orders Number 122, dated 1946 * Philippine Presidential Unit Citation, for the service during the period 17 October 1944 to 4 July 1945, by Department of the Army General Orders Number 47, dated 1950 DISCUSSION: 1. The applicant, the daughter of a deceased FSM, requests correction of her father's WD AGO Form 53-55 to show he was awarded the BSM for his service during WWII. 2. Based on policies enacted subsequent to the FSM's separation and his prior award of the CIB during WWII, he is eligible for the BSM. The BSM is not listed on the FSM's WD AGO 53-55. 3. The evidence of record shows the FSM was assigned to the 3rd Battalion, 124th Infantry Regiment during the period in which the battalion was cited for the Distinguished Unit Citation (known now as the Presidential Unit Citation) and the Philippine Republic Presidential Unit Citation. These awards are not listed on the FSM's WD AGO 53-55. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011827 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011827 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2