PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            22 September 1999                 
	DOCKET NUMBER:    AR1998012878

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret  K. Patterson 		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Philippine Liberation Medal (correctly known as the Philippine Liberation Ribbon) and the Army of Occupation Medal (Japan).

3.  The applicant states, in effect, that he was on Leyte, Philippine Islands, from
7 July 1945 to October 1945.  He contends that he arrived in Yokohama, Japan, on 20 October 1945, was transferred to Atsugi, Japan, and departed on
8 September 1946.  

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 
20 October 1944.  He served as a truck driver light in the Western Pacific Theater of Operations from 7 July 1945 to 8 September 1946 and was honorably discharged on 25 October 1946.  

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Philippine Liberation Ribbon or the Army of Occupation Medal (Japan) as authorized awards.

6.  There is no indication in the available records which shows the applicant participated in the liberation of the Philippines between 17 October 1944 to
3 September 1945.  

7.  There is no indication in the available records which shows the applicant served in Japan between 3 September 1945 and 27 April 1952.  Also, Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, credit for occupation duty during World War II.  This document shows the applicant’s unit, 35th Infantry Regiment, did not receive credit for occupation duty during World War II.
 
8.  DA Form 1577 (Authorization for Issuance of Awards), dated 28 August 1997, shows that the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the Expert Badge with Rifle Bar and the Honorable Service Lapel Button WWII.  These awards are not shown on the applicant’s WD AGO Form 53-55. 

9.  Army Regulation 600-8-22 (Military Awards) governs the Army awards program.  In pertinent part this regulation provides for award of the Philippine Liberation Ribbon.  The Philippine Liberation Ribbon is awarded for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945, under any of the following conditions: (1) participated in the initial landing operations on Leyte or adjoining islands from 17 October 1944 to 20 October 1944; 
(2) participated in any engagement against the enemy during the campaign on Leyte and adjoining islands; (3) participated in any engagement against the enemy on islands other than those included in (2) above; or (4) served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period. 

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  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.

CONCLUSIONS:

1.  Although the applicant contends that he is entitled to award of the Philippine Liberation Ribbon, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he served a period of qualifying service for award of the Philippine Liberation Ribbon.  Therefore, he is not entitled to award of the Philippine Liberation Ribbon.   

2.  Although the applicant contends that he is entitled to award of the Army Occupation Medal (Japan), there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he served as a member of a unit which was awarded occupation credit for service in Japan. Therefore, he is not entitled to award of the Army Occupation Medal (Japan).

3.  The applicant was awarded the Expert Badge with Rifle Bar and the Honorable Service Lapel Button WWII.  Therefore, he is entitled to correction of his military records to show these awards. 

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Expert Badge with Rifle bar and the Honorable Service Lapel Button WWII. 

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

MKP____  CLG_____  JPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1998012878	
SUFFIX		
RECON		
DATE BOARDED	19990922	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	199461025	
DISCHARGE AUTHORITY	AR 615-365   	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0083	
2.	107.0067	
3.		
4.		
5.		
6.