RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050001906


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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, that his separation document be
corrected to give him credit or acknowledge his presence in Korea during
the liberation while he was stationed with the 227th Medical Station
Hospital Detachment.

2.  The applicant states, in effect, that he never received an
acknowledgement or credit on his discharge for his presence in Korea during
the liberation while he was stationed with the 227th Medical Station
Hospital Detachment.  It appears his records may have been destroyed.  He
adds that his statement is true.  He was there and he wants the truth to be
known.  He would like to, in effect, have the issue researched and allow
him the honor he deserves.  It is a matter of pride.  As he ages, his life
story matters to him.  It is a sense of PRIDE.

3.  In a self-authored statement dated 11 February 2004, the applicant
provided additional information pertinent to his request.  He states his
"outfit," the 227th Station Hospital, left Manila, the Philippines, on an
L.S.T [Landing Ship, Tank] for Korea.  They were in the 1945 typhoon off
Okinawa.  They had a really rough time.  They landed in Inchon, Korea in
November 1945.  They were stationed in Seoul, Korea, until they were sent
home.  He was discharged on 18 December 1945.  There is nothing on his
discharge showing that he was in Korea.  He would appreciate it very much
if the Board could correct this error.

4.  The applicant provides a copy of his WD AGO Form 53-55, Enlisted Record
and Report of Separation – Honorable Discharge; a copy of his Honorable
Discharge certificate; and a letter he received from the National Personnel
Records Center, dated 21 January 2005, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 18 December 1945.  The application submitted in this case is
dated 27 January but was not received for processing until 4 February 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records and from alternate sources.

4.  Records available to the Board show the applicant was inducted into the
Army of the United States on 15 January 1943 and he entered service at
Hartford, Connecticut, on 23 January 1943.  The applicant's WD AGO Form 53-
55 shows he served in the medical corps and completed the 6-week, Cooks and
Bakers School at Camp Barkley, Texas, and was awarded the military
occupational specialty (MOS) 060, Cook.

5.  The evidence shows he was honorably discharged on 18 December 1945, at
Fort Devens, Massachusetts, in the rank of Private First Class, under the
provisions of AR 615-365, for the convenience of the Government, at
demobilization.

6.  Item 6 (Organization), of the applicant's WD AGO Form 53-55, shows he
served with the Medical Detachment, 227th Station Hospital.

7.  Item 33 (Decorations and Citations), of the applicant's WD AGO Form 53-
55, shows he was awarded the Good Conduct Medal; the American Theater
Campaign Ribbon [now known as the American Campaign Medal]; the Asiatic-
Pacific Theater Campaign Ribbon [now correctly known as the Asiatic-Pacific
Campaign Medal]; the Philippine Liberation Ribbon, with bronze service
star; and the World War II Victory Medal.

8.  Item 36 (Service Outside Continental U.S. and Return), of the
applicant's WD AGO Form 53-55, shows he departed the United States en route
to the Asiatic-Pacific Theater of Operations (APTO) on 8 March 1944 and
returned to the United States on 4 December 1945.

9.  While in the APTO, the applicant participated in the New Guinea and the
Luzon campaigns of World War II.

10.  A search of morning reports for the 227th Station Hospital on file at
the National Archives and Records Administration, National Personnel
Records Center, St. Louis, Missouri, was conducted.  Morning reports were
found to corroborate the applicant's contention that he was stationed in
Korea.

      a.)  The morning report for 20 August 1945 shows the unit's location
to be "At sea."  A remark was made in the morning report showing, "Unit
left Camp Murphy, Luzon P.I. aboard US Hosp Ship Mercy.  Morale of unit is
excellent."

      b.)  The morning report for 9 September 1945 shows a remark stating,
"Unit debarked at Inchon, Korea 1400 hours.  Morale of unit is excellent.
Change of APO [Army Post Office] from 75 to 901 eff this date."

      c.)  The morning report for 25 September 1945 specifically names
the applicant.  The entry on this morning report shows the morning report
of 20 August 1945 should have included a remark to show that seven
Soldiers, including the applicant, joined the unit from the 60th General
Hospital, APO 1009.  On 25 September 1945, the unit's location was "(Near
Inchon) Korea."

11.  AR 600-8-22, Paragraph 5-10, states, in pertinent part, that the Army
of Occupation Medal, for the occupation of Korea, will be awarded to
Soldiers who served in Korea between 3 September 1945 and 29 June 1949,
inclusive.  (Service between 3 September 1945 and 2 March 1946 will be
counted only if the Asiatic-Pacific Campaign Medal was awarded for service
before 3 September 1945.)  Paragraph 5-10.b.(1) states, in pertinent part,
that Soldiers who served in the European Theater during the occupation of
Europe will wear the clasp inscribed "Germany."  Soldiers who served in the
Far East Theater during the occupation of the Far East will wear the clasp
inscribed, "Japan."  Clasps bearing other inscriptions are not authorized
(emphasis added).  The applicant served in the APTO from 8 March 1944
through 4 December 1945, during the qualifying period.

12.  TM (Technical Manual) 12-236 provided, in pertinent apart,
instructions for the preparation, distribution, and disposition of
separation forms, at the time of the applicant's discharge from the Army.
Paragraph 9, of this TM provided an item by item description of entries to
be made on the Enlisted Record and Report of Separation.  The instruction
for item 36 (Service Outside Continental U.S. and Return), were as follows:
 "Enter date of departure, destination, and date of arrival, for each
movement between theaters (emphasis added) and between a theater and the
United States."

13.  Korea was not considered a theater.  Korea was a country within the
area declared as the APTO.

14.  AR 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.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in Appendix B
of this regulation and states that authorized bronze service stars will be
worn on the appropriate service medal, in this case, the Asiatic-Pacific
Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the APTO, during the period 8 March 1944
through 4 December 1945.  He served in Korea, from 9 September 1945 through
4 December 1945, having arrived there with the 227th Station Hospital on
board the US Hospital Ship Mercy, on 9 September 1945.

2.  The provisions of TM 12-236, in effect at the time of the applicant's
discharge, specifically directed that only the theater in which the Soldier
served would be entered in Item 36 of the Enlisted Record and Report of
Separation.  The entering of the specific name of each country was not a
requirement; his service in Korea will not be identified separately in this
item.  His service in Korea will continue to be embedded in the period of
his service in the APTO; however, in the interest of equity and clarity, an
entry will be made in Item 55 (Remarks), of his WD AGO Form 53-55, as an
exception to TM 12-236, to show:  "Service in Korea - 9 September 1945
through 4 December 1945."

3.  Through his service in Korea, the applicant met the criteria for award
of the Army of Occupation Medal, for the occupation of Korea.  He is
therefore entitled to award of the Army of Occupation Medal, with Japan
Clasp, and to have it added to his WD AGO Form 53-55.

4.  According to AR 600-8-22, the applicable awards regulation, Soldiers
who served in the Far East Theater during the occupation of the Far East
will wear the clasp inscribed, "Japan."  Clasps bearing other inscriptions
are not authorized; therefore, the awarding of a clasp inscribed with
"Korea" is neither appropriate nor authorized.

5.  The applicant met the criteria for award of the Asiatic-Pacific
Campaign Medal.  He participated in the New Guinea and in the Luzon
campaigns of World War II.  He is therefore entitled to award of the
Asiatic-Pacific Campaign Medal, with two bronze service stars, and to have
this award shown on his WD AGO Form 53-55.

BOARD VOTE:

_JBG____  ___RTD  ___SWF_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

      a.  deleting the Asiatic Pacific Theater Campaign Ribbon from Item
33, of the applicant's WD AGO From 53-55;

      b.  awarding the applicant the Army of Occupation Medal, with Japan
Clasp; and the Asiatic-Pacific Campaign Medal, with two bronze service
stars; and adding these awards to his WD AGO Form 53-55.

      c.  adding the entry, "Service in Korea - 9 September 1945 through
4 December 1945" in Item 55, of the applicant's WD AGO Form 53-55; and




                                  ___Richard T. Dunbar__________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050001906                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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