IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004665 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 IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004665 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 the former service member (FSM) the Bronze Star Medal based on his previous award of the Combat Infantryman Badge; b. amending the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) by deleting the Asiatic-Pacific Campaign Medal and adding the: * Bronze Star Medal * Asiatic-Pacific Campaign Medal with three bronze service stars * Army of Occupation Medal with Japan Clasp _____________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. IN THE CASE OF: BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160004665 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 spouse of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show the Bronze Star Medal (BSM). 2. The applicant states the FSM was awarded the BSM after he was discharged. 3. The applicant provides the FSM's WD AGO Form 53-55, a DA Form 4980-5 (BSM Certificate), and the FSM's death and marriage certificates. 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 records are not available for review. A fire in 1973 destroyed approximately 18 million service members' records at the National Personnel Records Center in St. Louis, MO. It is believed the FSM's records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant. 3. The FSM's WD AGO Form 53-55 shows: a. He was inducted into the Army of the United States on 12 July 1943, he entered active service on 2 August 1943, and he was honorably discharged upon demobilization on 8 January 1946. b. He was assigned to the 158th Infantry Regiment. c. His military qualifications included the Combat Infantryman Badge (CIB); however, the date he was awarded the CIB is unknown. d. He served in the Asiatic Pacific theater of operations from 9 May 1944 to on or about 10 December 1945. e. His combat service during World War II (WWII) included participation in the Bismarck Archipelago, New Guinea, and Luzon campaigns. f. He was awarded or authorized the: * Asiatic-Pacific Campaign Medal * Philippine Liberation Ribbon with one bronze service star * Army Good Conduct Medal * Purple Heart * World War II Victory Medal * Bronze Service Arrowhead 4. The applicant provides a BSM Certificate that shows the FSM was awarded the BSM on 3 July 1961 for meritorious achievement in ground operations against the enemy during the period 23-26 January 1945. Official orders for this award are not available. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. The BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. 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 WWII. c. A bronze service star is authorized for wear on the Asiatic-Pacific Campaign Medal Campaign Medal for each campaign a member is credited with participating in. d. For award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952. Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945. 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 158th Infantry Regiment received occupation credit for Japan for the period 29 September 1945 to 20 January 1946. DISCUSSION: 1. The applicant provides a BSM Certificate that shows the FSM was awarded the BSM on 3 July 1961 for meritorious achievement in ground operations against the enemy during the period 23-26 January 1945. However, official orders for this award are not available. Based on the date of the certificate (1961), there is a possibility he received the BSM based on award of the CIB. The FSM met the eligibility criteria for award of the BSM, based on his previous award of the CIB. The award is not shown on his WD AGO Form 53-55. 2. The FSM was awarded the Asiatic-Pacific Campaign Medal; however, he participated in three campaigns during World War II. Therefore, he is authorized three bronze service stars for wear on the Asiatic-Pacific Campaign Medal and correction of his WD AGO Form 53-55 to reflect these bronze service stars. 3. The evidence of record shows the FSM was assigned to the 158th Infantry Regiment during the time the unit was awarded credit for the occupation of Japan. The Army of Occupation Medal with Japan Clasp is not shown on his WD AGO Form 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) AR20160004665 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004665 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2