RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 May 2007
DOCKET NUMBER: AR20060014043
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
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry, Jr.
Chairperson
Mr. Thomas O. O'Shaughnessy, Jr.
Member
Mr. James R. Hastie
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 award of two bronze service stars.
2. The applicant states that she served in New Guinea and in the South Pacific and that her records only reflect the service star for service in New Guinea.
3. The applicant provides a self-authored letter, a self-authored chronological listing of her service, and a two-page self-authored newspaper article in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 1 November 1945, the date of her honorable discharge. The application submitted in this case is dated 25 September 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 applicants 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. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) shows she enlisted in the Army of the United States on 1 September 1943. The applicant served in the Pacific Theater of Operations from 14 May 1944 through 1 October 1945. This form further shows the applicant served 8 months and 5 days of continental service and 1 year, 5 months, and 26 days of foreign service.
5. The applicant's separation document shows that she was awarded the American Theater Ribbon, Asiatic Pacific Theater Ribbon with 1 bronze battle star, WAAC Service Ribbon, Victory Medal, Good Conduct Medal and 3 overseas service bars.
6. Item 33 of the applicant's WD AGO Form 53-55 does not show the applicant was awarded the Presidential Unit Citation.
7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that during the applicant's assignment with the USAF, Western Pacific, the unit was awarded the Presidential Unit Citation by Department of the Army General Order Number 47-50 .
8. Army Regulation 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. A silver service star is authorized in lieu of five bronze service stars.
9. Department of the Army Pamphlet 672-1 shows the unit to which the applicant was assigned, the USAF Western Pacific, received occupation credit for Leyte for the period 17 October 1944 to1 July 1945 and for Luzon for the period 15 December 1944 to 4 July 1945.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends she is entitled to award of two bronze service stars not shown on her separation document.
2. Records show the applicant participated in three campaigns during her military service in the Asiatic Pacific Theater of Operations. Therefore, she is entitled to amendment of her separation document to show the Asiatic Pacific Theater Medal with 3 bronze service stars.
3. Orders show that while the applicant was assigned to USAF, Western Pacific, the unit received the Presidential Unit Citation. Therefore, she is entitled to correction of her WD AGO Form 53-55 to show the Presidential Unit Citation.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 November 1945, the date of her separation from active duty. However, the ABCMR was not established until 2 January 1947. As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the facts in this case.
BOARD VOTE:
_HOF____ _TOO___ _JRH___ 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 showing award of the Asiatic Pacific Theater Medal with 3 bronze service stars and the Presidential Unit Citation.
_Hubert O. Fry, Jr.___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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