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.                      |                                        |


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