RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060011108 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Chester A. Damian

Member

Ms. Ernestine I Fields

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 military service records to show his authorized awards and decorations.

2.  The applicant states, in effect, that he lost his copy of his WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge); however, his WD AGO Form 100 (Army of the United States Separation Qualification Record) shows that he served overseas in the Pacific Theater of Operations during World War II.  He also states, based on this information, he requests award of the American Campaign Medal, Asiatic-Pacific Campaign Medal, Philippine Liberation Medal, Philippine Independence Medal, and the Good Conduct Medal.

3.  The applicant provides a copy of his WD AGO 100 and Army of the United States Honorable Discharge Certificate, dated 4 January 1947.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
4 January 1947, the date of his discharge.  The application submitted in this case is dated 29 July 2006.

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.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4.  Available military service records show that the applicant entered active duty in the U.S. Army on 2 February 1945.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 677 (Military Policeman).  The applicant was honorably discharged from the Army on 4 January 1947, in the grade of private first class, after completing
1 year, 11 months, and 3 days active service.

5.  The applicant's military service records contain 2 War Department (WD) Forms 372A (Final Payment - Work Sheets) for the months December 1946 and January 1947.  These two documents show, in pertinent part, that the applicant arrived in the United States on 24 November 1946 for processing at the Separation Center, Fort Dix, New Jersey and that he was paid foreign service pay for the period 1 November 1946 through 24 November 1946.

6.  The applicant's records contain a letter from the National Personnel Records Center (NPRC), Military Personnel Records, St. Louis, Missouri, dated 6 March 2006.  This document shows, in pertinent part, that an archives technician at the NPRC verified the applicant's entitlement to the World War II Victory Medal and the Honorable Service Lapel Button.

7.  In support of his application the applicant provides a copy of his Army of the United States Separation Qualification Record and Army of the United States Honorable Discharge Certificate.  These documents show, in pertinent part, that the applicant entered active service on 2 February 1945 and was honorably separated on 4 January 1947.  Item 13 (Title - Description - Related Civilian Occupation) of the WD AGO Form 100 contains the entry, "MILITARY POLICEMAN (677) ASSISTED IN ENFORCEMENT OF MILITARY LAWS AND REGULATIONS IN PACIFIC THEATER OF OPERATIONS FOR 14 MONTHS.  GUARDED GOVERNMENT PROPERTY AND MILITARY PRISONERS."

8.  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.


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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Philippine Liberation Ribbon is awarded for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945, under any of the following conditions:
(1) participated in the initial landing operations on Leyte or adjoining islands from 17 October 1944 to 20 October 1944.  An individual will be considered as having participated in such operations if he landed on Leyte or adjoining islands, was on a ship in Philippine waters, or was a crewmember of an airplane which flew over Philippine territory during the period; (2) participated in any engagement against the enemy during the campaign on Leyte and adjoining islands; (3) participated in any engagement against the enemy on islands other than those included in
(2) above; or (4) served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period.  An individual will be considered as having participated in combat if he or she meets any of the conditions set forth in paragraph 9-7a that governs award of the Philippine Defense Ribbon.  An individual who meets more than one of the four conditions set forth above is authorized to wear a bronze service star on the ribbon for each additional condition under which he or she qualified other than that under which he or she is eligible for the initial award of the ribbon.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Philippine Independence Ribbon is authorized for award to any recipient of both of the Philippine Defense Ribbon (during the period 8 December 1941 to 15 June 1942) or the Philippine Liberation Ribbon (during the period 17 October 1944 to
3 September 1945).  (There was brief exception to this requirement when Change 2 to Army Regulation 600-65, dated 13 January 1953, authorized award of the Philippine Independence Medal if an individual received either the Philippine Defense or the Philippine Liberation Ribbon.  However, this provision was superseded by Department of the Army Circular 672-1, dated 16 March 1955, which again required award of both the Philippine Defense and the Philippine Liberation Ribbon for award of the Philippine Independence Ribbon.)  United States Army personnel authorized to wear the Philippine Independence Ribbon under the established criteria may continue to wear the ribbon, provided the authority for such wear was recorded before 24 November 1954.
12.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is three years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

13.  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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Honorable Service Lapel Button is a button of gold-color metal that consists of an eagle perched within a ring composed of a chief and 13 vertical stripes.  The Honorable Service Lapel Button is issued for honorable Federal military service between
8 September 1939 and 31 December 1946.

15.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States (CONUS) for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For World War II service, one Overseas Service Bar is authorized for each period of
6 months active Federal service as a member of a U.S. Service outside CONUS from 7 December 1941 to 2 September 1946.  For credit toward the Overseas Service Bar, service is computed between dates of departure from, and arrival at, a port in the United States or the boundary of CONUS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his WD AGO Form 100 (Separation Qualification Record) shows that he served overseas in the Pacific Theater of Operations during World War II.  He also contends that, based on this record he is entitled to award of the American Campaign Medal, Asiatic-Pacific Campaign Medal, Philippine Liberation Medal, Philippine Independence Medal, and the Good Conduct Medal.

2.  The evidence of records shows that the applicant served a total of 1 year,
11 months, and 3 days active duty in the Army from 2 February 1945 through
4 January 1947.  This period of active duty service equates to 23 months.  The evidence of record also shows that the applicant served 14 months in the Pacific Theater of Operations and that he returned to the United States on 24 November 1946.  Based on the evidence of record, it can be determined that the applicant served in the Pacific Theater of Operations from on or about 25 September 1945 to 24 November 1946.  In addition, based on the fact that the applicant served
23 months on active duty and 14 months of overseas service in the Pacific Theater of Operations, it can be determined that the applicant served a total of approximately 9 months within the limits of CONUS.

3.  Based on the foregoing, the evidence of record indicates that prior to departing for the Pacific Theater of Operations, the applicant served within the limits of CONUS from 2 February 1945 to 24 September 1945, a period of approximately 8 months.  Consequently, he did not have an aggregate period of 1 year service within CONUS prior to 3 March 1946.  As a result, the evidence of record fails to substantiate the applicant's claim to the American Campaign Medal.  Therefore, he is not entitled to correction of his records to show award of the American Campaign Medal.

4.  The evidence of record shows that the applicant qualified for award of the Asiatic-Pacific Campaign Medal by his service in the Pacific Theater of Operations between 25 September 1945 and 2 March 1946.  Therefore, he is entitled to correction of his records to show award of the Asiatic-Pacific Campaign Medal.

5.  The evidence of record shows that the Philippine Liberation Ribbon was authorized for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945.  The evidence of record establishes the applicant's service in the Pacific Theater of Operations from on or about 25 September 1945 to
24 November 1946.  In addition to the fact that the available evidence of record fails to substantiate the locations (i.e., specific countries) that the applicant actually served in during that period; given his period of service in the Pacific Theater of Operations, there is insufficient evidence to support his claim for this award.  Therefore, the applicant is not entitled to correction of his records to show award of the Philippine Liberation Ribbon.

6.  The evidence of record shows that the Philippine Independence Ribbon was authorized for service in both the defense and liberation of the Philippines during the periods 8 December 1941 to 15 June 1942 and 17 October 1944 to
3 September 1945.  The evidence of record establishes the applicant's service in the Pacific Theater of Operations from on or about 25 September 1945 to
24 November 1946.  In addition to the fact that the available evidence of record fails to substantiate the locations (i.e., specific countries) that the applicant actually served in during that period; given his period of service in the Pacific Theater of Operations, there is insufficient evidence to support his claim for this award.  Therefore, the applicant is not entitled to correction of his records to show award of the Philippine Independence Ribbon.

7.  The applicant is entitled to the first award of the Good Conduct Medal for the period 2 February 1945 through 4 January 1947 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

8.  The evidence of record shows that the applicant qualified for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this service medal.

9.  The evidence of record shows that the applicant qualified for award of the Honorable Service Lapel Button.  Therefore, he is entitled to correction of his records to show this award.

10.  Records show that the applicant served a total of 14 months in the Pacific Theater of Operations.  Therefore, he is entitled to correction of his records to show award of 2 Overseas Service Bars.

11.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 January 1947; the date of his discharge. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 3 January 1950.  Although the request was not submitted within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__KLW__  __CAD __  __EIF___  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:

	a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 2 February 1945 through
4 January 1947; and

	b.  issuing an appropriate document showing that the applicant was awarded the Good Conduct Medal, Asiatic-Pacific Campaign Medal, World War II Victory Medal, Honorable Service Lapel Button, and 2 Overseas Service Bars.

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 Campaign Medal, Philippine Liberation Ribbon, and Philippine Independence Ribbon.




____Kenneth L. Wright_____
          CHAIRPERSON




INDEX

CASE ID
AR20060011108
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/03/27
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19470104
DISCHARGE AUTHORITY
AR 615-365, RR1-1
DISCHARGE REASON
Demobilization
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0056.0000
2.
107.0063.0000
3.
107.0064.0000
4.
107.0066.0000
5.
107.0083.0000
6.
107.0084.0000