RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 November 2005 DOCKET NUMBER: AR20050001096 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. John J. Wendland, Jr. Analyst The following members, a quorum, were present: Mr. Thomas A. Pagan Chairperson Mr. Eric N. Andersen Member Mr. Joe R. Schroeder Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the American Campaign Medal, the World War II Victory Medal, and the Asiatic-Pacific Campaign Medal with arrowhead device and 3 battle stars (i.e., bronze service stars). 2. The applicant states, in effect, that these awards were not placed on his discharge document papers when he was discharged from the Army. 3. The applicant provides a copy of his WD AGO Form 53-55; a letter from the National Personnel Records Center, St. Louis, Missouri, dated 2 June 2003; a one-page document which shows the images of a badge and five ribbons, and an on-line document that discusses the Asiatic-Pacific Campaign Medal. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 22 September 1945, the date of his separation. The application submitted in this case is dated 21 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant’s 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 applicant’s records were lost or destroyed in that fire. This case is being considered using reconstructed records, which primarily consist of the applicant’s WD AGO Form 53-55. 4. The applicant’s WD AGO Form 53-55 shows that he enlisted in the Army of the United States and entered active duty on 3 September 1942. He served in military occupational specialty (MOS) 641 (Field Lineman) and held the rank of private on the date of his separation. 5. The applicant's separation document also shows that he served in the continental United States until he deployed to the Pacific Theater of Operations, where he served from 14 May 1944 to 15 January 1945. Item 6 (Organization) of this document shows that he was assigned to Headquarters and Headquarters Company, Base H, APO 920, while serving overseas. Item 32 (Battles and Campaigns) shows the applicant participated in the New Guinea Campaign and Item 33 (Decorations and Citations) shows he was awarded the Asiatic-Pacific Campaign Ribbon with two battle stars and the Good Conduct Medal. 6. The applicant provides a copy of his WD AGO Form 53-55 and a letter from the National Personnel Records Center in support of his request. These documents show that the applicant is entitled to the Good Conduct Medal, American Campaign Medal, Asiatic-Pacific Campaign Medal with 2 bronze service stars, World War II Victory Medal, and Honorable Service Lapel Button. The one-page document the applicant provides appears to show the images of the Combat Infantryman Badge and five ribbons representing (in order) the Asiatic-Pacific Campaign Medal with 3 bronze service stars and an arrowhead device, Good Conduct Medal, American Campaign Medal, American Defense Service Medal, and one unidentifiable ribbon. 7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year. 8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows World War II units that are authorized assault landing and campaign participation credit. This document shows that Headquarters and Headquarters Company of Base H in the Pacific Theater of Operations participated in the New Guinea campaign. 9. Army Regulation 600-8-22 provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal. It is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946. Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat. This regulation authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate service medal. 10. Army Regulation 600-8-22 also provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned. The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate. The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal. 11. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, that he is entitled to award of the American Campaign Medal, the World War II Victory Medal, and the Asiatic-Pacific Campaign Medal with arrowhead device and 3 bronze service stars. 2. The applicant provides a copy of his discharge document and a letter from the National Personnel Records Center which verify his entitlement to the American Campaign Medal, World War II Victory Medal, and Asiatic-Pacific Campaign Medal with 2 bronze service stars. However, the one-page document showing images of a badge and five ribbons provides insufficient documentary evidence to support correction of the applicant's records to show these additional awards. 3. The evidence of records shows that the applicant served a qualifying period of service in the American Theater of Operations between 3 September 1942 and 21 April 1944. Therefore, he is entitled to correction of his records to show award of the American Campaign Medal. 4. The evidence of records shows that the applicant served a qualifying period of service in the Pacific Theater of Operations from 14 May 1944 to 15 January 1945. However, there is no evidence of record, and the applicant fails to provide sufficient documentary evidence, to show he was assigned to a unit that was credited with an assault landing or that he participated in a third campaign in the Pacific Theater of Operations. Absent any evidence that shows the applicant was assigned to a unit that was credited with an assault landing and received credit for participation in another campaign, there is no basis for award of the Asiatic-Pacific Campaign Medal with arrowhead device and 3 bronze service stars. Therefore, the applicant's records correctly show award of the Asiatic-Pacific Campaign Medal with two bronze service (battle) stars. 5. Records show that the applicant served a qualifying period of service during World War II, from 3 September 1942 through 22 September 1945. Therefore, he is entitled to correction of his records to show award of the World War II Victory Medal. 6. Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 September 1945. The ABCMR was not established until 2 January 1947. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __TAP __ __ENA __ __JRS __ 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 partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the American Campaign Medal and World War II Victory Medal. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Asiatic-Pacific Campaign Medal with arrowhead device and 3 bronze service stars. ____ THOMAS A. PAGAN__ CHAIRPERSON INDEX CASE ID AR20050001096 SUFFIX RECON YYYYMMDD DATE BOARDED 20051122 TYPE OF DISCHARGE HD DATE OF DISCHARGE 19450922 DISCHARGE AUTHORITY AR 615-361 DISCHARGE REASON BOARD DECISION GRANT PARTIAL REVIEW AUTHORITY Mr. Chun ISSUES 1. 107.0063.0000 2. 107.0064.0000 3. 107.0066.0000 4. 5. 6.