RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2005
      DOCKET NUMBER:  AR20050004189


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 he be awarded all awards to
which he is entitled, including the APCM (determined to be the Asiatic-
Pacific Campaign Medal), the AADM (determined to be the American Defense
Service Medal), the AACM (determined to be the American Campaign Medal),
and the World War II Victory Medal.

2.  The applicant states, in effect, that they were omitted from his
separation documents.

3.  The applicant provides a copy of:

      a.  his WD AGO Form 53-55 (Enlisted Record and Report of Separation,
Honorable Discharge) with a date of separation of 29 January 1946;

      b.  an Honorable Discharge Certificate, dated 29 January 1946; and

      c.  an undated Separation Qualification Record that shows the
applicant's job assignments and special training received in the Army.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 January 1946, the date of his discharge.  The application
submitted in this case is dated 3 March 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 a fire at
the National Personnel Records Center in 1973.  The records available to
the Board were provided by the applicant and are sufficient for the Board
to conduct a fair and impartial review of this case.  The primary record
available to this Board is the applicant’s WD AGO Form 53-55 (Enlisted
Record and Report of Separation and Honorable Discharge).

4.  The applicant's available military records show that he was inducted on

25 September 1942 and entered into active service on 9 October 1942.  The
applicant departed the United States on 27 December 1944 and arrived in the
Asiatic-Pacific Theater on 7 January 1945.  He departed the Asiatic-Pacific
Theater on 15 January 1946.

5.  The applicant served 2 years, 3 months, and 8 days within the
continental United States.

6.  On 29 January 1946, the applicant was discharged due to demobilization.
 He had completed 3 years, 3 months, and 21 days of active service that was
characterized as honorable.

7.  Item 33 (Decorations and Citations) shows the award of the Good Conduct
Medal.

8.  Army Regulation 600-8-22 (Military Awards) 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 under any of the following conditions: 1) permanent assignment
in the Asiatic-Pacific Theater; 2) in a passenger status or on temporary
duty for
30 consecutive or 60 nonconsecutive days; or 3) in active combat against
the enemy and awarded a combat decoration or furnished a certificate by the
commanding general of a corps or higher unit or independent force showing
actual participation in combat.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for service within
the American Theater between 7 December 1941 and 2 March 1946 under any of
the following conditions:  1) on permanent assignment outside the
continental United States; 2) duty as a crewmember aboard a vessel sailing
ocean waters
for 30 consecutive or 60 nonconsecutive days; 3) duty outside the
continental United States as a passenger or in a temporary duty status for
30 consecutive or 60 nonconsecutive days; 4) active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander, higher unit, or independent force that the Soldier
actually participated in combat; or 5) service within the continental
United States for an aggregate period of one year.

10.  Army Regulation 600-8-22 states that the World War II Victory Medal
was established by the act of Congress 6 July 1945.  It is awarded for
service between 7 December 1941 and 31 December 1946, both dates inclusive.



11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Defense Service Medal for service within the American Theater
between 8 September 1939 and 7 December 1941 under orders to active duty
for a period of 12 months or longer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the Asiatic-Pacific
Campaign Medal, the American Campaign Medal, the World War II Victory
Medal, and the American Defense Service Medal.

2.  The evidence shows the applicant served in the Asiatic-Pacific Theater
during the period from 7 January 1945 to 16 January 1946.  Therefore, he is
entitled to the Asiatic-Pacific Campaign Medal.

3.  The evidence shows that the applicant served 2 years, 3 months, and 8
days within the continental United States between 7 December 1941 and 2
March 1946.  Therefore, he is entitled to the American Campaign Medal.

4.  The evidence shows that the applicant served between 7 December 1941
and 31 December 1946.  Therefore, he is entitled to the World War II
Victory Medal.

5.  The evidence shows the applicant first entered active service on 9
October 1942.  Therefore, he is not entitled to the American Defense
Service Medal.

6.  Records show the applicant should have discovered the error or
injustice
now under consideration on 29 January 1946, the date of his discharge.
However, 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 2 January 1950.  Although the applicant did not file
within the ABCMR's statute of limitations, the evidence in this case
warrants waiver of failure to timely file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___lmd__  ___mhm_  ____sk__  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 the award of
the Asiatic-Pacific Campaign Medal, the American Campaign Medal, and the
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
the American Defense Service Medal.




                            ______Stanley Kelley _____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004189                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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