IN THE CASE OF: BOARD DATE: 15 December 2016 DOCKET NUMBER: AR20150013847 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 December 2016 DOCKET NUMBER: AR20150013847 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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: 15 December 2016 DOCKET NUMBER: AR20150013847 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 requests the records of his deceased father, a former service member (FSM), be corrected to show the: * World War II Victory Medal * Asiatic-Pacific Campaign Medal with 2 bronze service stars * American Campaign Medal * Army Good Conduct Medal * A fifth unknown award/ribbon 2. The applicant states his father told him he joined the Army in 1944 at Fort Macarthur, CA. This was verified by his enlistment record. He also said that he was sent to Fort Riley, KS to the last horse cavalry unit in the Army. He was injured while working in the stables on 22 September 1944 and his injury is documented on a medical form from the regional hospital at Fort Riley. This form shows he was assigned to the 1st Training Regiment (Special), which was attached to the 5332nd Brigade (Provisional). a. The FSM also told him he was shipped to the China-Burma-India (CBI) Theater between 1 and 5 January 1945. He has a "shellback" certificate indicating he crossed the equator on board the USS General J.H. McRae on 20 January 1945. The FSM further told him he drove supply trucks, some carrying ordinance over the Burma Road and he was later flown over "The Hump" to Kunming, China. b. The FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service) (for his second period of service) shows he reenlisted in Calcutta, India, on 22 February 1946, and left for the United States on 1 April 1946. c. He was sent back to Camp Kilmer, NJ. There is an undated photograph of the FSM at Camp Kilmer Post Exchange. The FSM also told him that he was with the Mars Task Force. He had a patch showing the name, together with a patch for the Army ground forces. d. He had five ribbons on the left side and three overseas service bars. There are three pictures of him. A small one with a patch that matches one from the CBI history page; a large picture of two men, one of which is his father, with two rows of ribbons; and a third of a person he was training with. 3. The applicant provides the FSM’s: * DD Form 398 (Statement of Personal History) * NAVPERS 601-2 (Record of Emergency Data) * Certificate of Baptism * social security death index listing * Archival Database * Form 52 (Medical Department) * Office of The Surgeon General (OTSG) Information from the Hospital Admission Card * War Department, U.S. Army Certificate of Proficiency * Soldier's Permanent Pass - Class A * Registration Certificate * Domain of Neptunus Rex Card * 1947 WD AGO Form 53-55 * Semi-burned document showing "Camp Kilmer Post Exchange" * VA Form 3-3145 (Notice of Assignment of C-Number) * Final Pay Roll * Photographs (3) * CBI Order of Battle (internet printout) * Patch (image) 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The FSM's WD AGO Form 53-55 pertaining to his first period of service from 22 April 1944 to 22 February 1946 is not available for review. However, some documents provided by the applicant or existing in a reconstructed record include: a. U.S. Social Security Death Index Card, showing the FSM was born in January 1926 and died in May 2001. b. Registration Certificate showing he was registered with the Selective Service on 22 February 1943. c. National Archives printout showing the FSM enlisted at Fort MacArthur in San Pedro, CA on 22 April 1944 in the rank of private. His term of enlistment was for the duration of the war or other emergency plus 6 months. d. Medical Form 52, dated 2 October 1944, showing he sustained a laceration to his lower lip, accidentally incurred while working in the stables at Fort Riley on 29 September 1944. His unit is listed as Company B, 1st Training Regiment. e. OTSG information from hospital admission cards that confirms the FSM’s non-battle injury in September 1944 and treatment at a hospital. f. Soldier's Permanent Pass - Class A, issued on 6 August 1946, which lists his grade as Technician, 5th Class, and his unit as Company N, 10th OTB OTC, Aberdeen Proving Ground, MD. g. War Department, U.S. Army Certificate of proficiency, for completing a practical test on 7 January 1947. h. Domain of Neptunus Rex - Ruler of raging main card. i. A semi-burned document showing the words "Camp Kilmer Post Exchange." j. VA Form 3-3145, showing the FSM served from 22 April 1944 to 22 February 1946 and from 21 February 1946 to 24 January 1947. k. Three photographs and an image of a patch. l. Internet printout titled "CBI Order of Battle - Lineage and History, Army Ground Forces." 4. The FSM's second period of service contains a WD AGO Form 53-55. It shows: a. The FSM enlisted in Calcutta, India, on 22 February 1946, for 3 years. At the time of his separation, he held military occupational specialty 345 (Truck Driver, Light), and his last unit of assignment was the 2010th Army Service Unit. b. He was already in India on the date of reenlistment (22 February 1946). He departed India on 1 April 1946 and arrived back in the United States on 8 April 1946. He was honorably separated at Fort Meade, MD, on 24 January 1947. c. He completed 11 months and 3 days of active service during this period, of which 9 months and 20 days was continental service and 1 month and 13 days was foreign service. He had prior service from 22 April 1944 to 1 February 1946. He also had 4 days of lost time under the Articles of War. d. He did not participate in any battles or campaigns during this period of service and he was awarded or authorized the World War II Victory Medal. e. He was discharged in accordance with Army Regulation (AR) 615-369 (Enlisted Men – Discharge – Inaptness, Lack of Required Degree of Adaptability, or Enuresis). He was not eligible for reenlistment, induction, or re-induction, and he was not recommended for further military training. 5. His WD AGO Form 24 (Service Record) is not available for review with this case. This form would have: * listed his conduct and efficiency ratings * showed his commander's favorable or unfavorable recommendation or award of the Army Good Conduct Medal REFERENCES: 1. AR 600-8-22 (Military Awards) states: a. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. b. The Asiatic-Pacific Campaign Medal 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. c. A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. A silver service star is authorized in lieu of five bronze service stars. A bronze service star is worn on the appropriate service ribbon, to include the Asiatic-Pacific Campaign Medal, for each credited campaign. d. The American 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, or 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. 2. AR 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, 1 year of continuous active Federal military service completed while the United States was at war. The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.” The fact that an enlisted man was recommended for or received an Army Good Conduct Medal or clasp would be noted under “remarks” of the discharge certificate. DISCUSSION: The FSM completed two periods of service: from 22 April 1944 to 21 February 1946 and from 22 February 1946 to 24 January 1947. a. His separation document (WD AGO Form 53-55) for his first period of service is not available for review with this case. It is unclear when he departed the United States and arrived in the Pacific Theater of Operations. It is equally unclear if he participated in any campaigns and what those campaigns were. His eligibility for award of the Asiatic-Pacific Campaign Medal cannot be established. b. Because the duration of his service in the continental United States and in the Pacific Theater of Operations is unknown, his eligibility for the American Campaign Medal also cannot be determined. c. The World War II Victory Medal is already listed on his second WD AGO Form 53-55. d. He served continuously on active duty from 22 April 1944 to 24 January 1947, with at least 4 days of lost time, and he was not eligible for reenlistment. His DA Form 24 is not available for review with this case. This form would have listed his conduct and efficiency ratings and/or would have shown his commander's favorable or unfavorable recommendation or award of the Army Good Conduct Medal. The available evidence does not demonstrate that he met the criteria for award of the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013847 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013847 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2