PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             26 October 2000                  
	DOCKET NUMBER:    AR2000039988

	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. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby 		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Arthur A. Omartian		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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) for the period 22 October 1945 to 25 December 1946 be corrected.

3.  The applicant states that item 30 (military occupational specialty (MOS), item 31 (military qualification and date), item 33 (decorations and citations) and item 36 (service outside continental U.S. and return) do not show the correct information.

4.  In support of his request, he has provided a copy of his WD AGO Form 53-55, a copy of his Honorable Discharge Certificate, a copy of WD AGO Form 100 (Separation Qualification Record) and a copy of the delivery letter and picture of the Chinese War Memorial Medal.

5.  The applicant’s military record shows that he was inducted on 22 May 1943 and was honorably discharged on 21 October 1945 in the grade of sergeant.  The separation document for this period shows that he had no Foreign Service, his MOS was rifleman, 745, and that he was awarded the Sharpshooter Badge with Rifle Bar on 2 June 1944 and the Expert Infantryman Badge on 17 August 1945.

6.  The WD AGO Form 53-55 he questions shows that he enlisted on 22 October 1945 and served in the Asiatic-Pacific Theater of Operations from February 1946 to December 1946 with the 701st Military Police Battalion.  He was honorably discharged on 25 December 1946 in the grade of sergeant.  His MOS was Range Setter, 608, and his military qualifications show the Expert Infantryman Badge, authorized 22 October 1945.  The only award shown is the World War II Victory Medal.

7.  He was recalled from inactive duty on 1 September 1950 and remained on active duty until his discharge on 14 April 1952.  His separation document for this period of service (DD Form 214) shows no awards, decorations or badges.  He had 7 months and 12 days of Foreign Service in Alaska.

8.  Compilation of the awards shown on his separation document and reflected elsewhere in his records include the Good Conduct Medal, the World War II Victory Medal, the Expert Infantryman Badge, the Sharpshooter Badge with Rifle Bar and the Meritorious Unit Commendation.

9.  The applicant contends that the following entries on his WD AGO Form 53-55 for the period ending 25 December 1946 are incorrect:

	a.  Item 30, shows his MOS as Range Setter, MOS 608.  He believes that it should be changed to coincide with his WD AGO Form 100, which shows he held MOS 677, Military Policeman, for the period of service covered by the separation form.

b.  Item 31 reflects that he was awarded the Expert Infantryman Badge on 22 October 1945.  He says the date should be 17 August 1945. 

	c.  Item 33 does not reflect that he was awarded the Chinese War Memorial Medal and he believes that it should.

	d.  Item 36 shows that he served in the Asiatic-Pacific Theater.  He requests that it be changed to show that he served in the China-Burma-India Theater, which he says is a separate theater of action.

10.  Army Regulation 600-8-22, Military Awards, sets forth Army policy, criteria and administrative instructions concerning military decorations, service medals and service ribbons, combat and special skill badges and tabs.

a.  It provides for the receipt and acceptance, or prohibition thereof, of foreign decorations and badges.  Public Law 95-105 grants the consent of Congress to a person to accept and retain a decoration of minimal value tendered by a foreign government, subject to the approval of the Department of the Army.  Foreign decorations received which have been tendered in recognition of active field service in connection with combat operations or which have been awarded for outstanding or unusually meritorious performance may be accepted and worn upon receiving approval from The U.S. Total Army Personnel Command (PERSCOM).

b.  The regulation lists three theaters of operations during World            War II – the American Theater, the European-African-Middle Eastern Theater and the Asiatic-Pacific Theater.  Burma, India-Burma and Central Burma as well as China, defensive and offensive were campaigns within the Asiatic-Pacific Theater of Operations.

c.  The awards regulation authorized the Asiatic-Pacific Campaign Medal and the American Campaign Medal to be awarded for service between 7 December 1941 and 2 March 1946; and the National Defense Service Medal for honorable active service for any period between 27 June 1950 and 27 July 1954.

CONCLUSIONS:

1.  The applicant’s request to correct item 30 (MOS) of his WD AGO Form 53-55 to show that he was a Military Policeman, 677, is supported by information contained on his Separation Qualification Record.  Thus, it would be appropriate to change his MOS as he requests.  

2.  Likewise, documents in the record show that he was awarded the Expert Infantryman Badge on 17 August 1945 rather than 22 October 1945 as is currently shown, so this item should be changed as well.

3.  Insofar as his request to show the Chinese War Memorial Medal as an authorized decoration is concerned, there is no identifying information on the documents that he has submitted showing that he personally was the recipient of the medal; nor, is there any evidence that The Department of the Army has approved the acceptance and wear of the medal.  

4.  Based on his periods of active service, and documents in his service record, it appears that he is entitled to the following additional awards: the American Campaign Medal, the National Defense Service Medal and the Asiatic-Pacific Campaign Medal.  (Since his awards and decorations are scattered throughout his record, as a matter of convenience it would be appropriate to consolidate all of the awards on the DD Form 215 (Correction of DD Form 214) that will be issued as a result of this corrective action).

5.  While the guidance for entering information in item 36 of the WD AGO Form 53-55 is imprecise, traditionally, this information has shown the theater of operations only.  In keeping with that procedure and since China-Burma-India are campaigns that took place within the Asiatic-Pacific Theater of Operations, it is believed that reflecting these campaigns in item 36 would not be appropriate.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  showing the MOS of the individual concerned as Military Policeman, 677;

b.  showing that the Expert Infantryman Badge was issued on 17 August 1945; and

	c.  showing that he is entitled to the following awards: Asiatic-Pacific Campaign Medal, Good Conduct Medal, the American Campaign Medal, the World War II Victory Medal, the National Defense Service Medal, the Sharpshooter Badge with Rifle Bar and the Meritorious Unit Commendation.

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

BOARD VOTE:  

__aao  __  ___wdp _  ___mmd_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID	AR2000039988	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.