RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 April 2007
      DOCKET NUMBER:  AR20060014297


      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. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 that the Army of Occupation Medal with Japan
clasp be added to his WD AGO Form 53-55 (Enlisted Record and Report of
Separation).

2.  The applicant states that in 1945 and 1946 his unit, the 989th Signal
Company, was sent to Kyoto, Japan.

3.  The applicant provides his WD AGO Form 53-55 and a DARP Form 2501
(Worksheet for DA Form 1577).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 January 1946.  The application submitted in this case is
dated 28 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 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.  The applicant enlisted in the Army on 21 November 1942.  He arrived in
the Southwest Pacific Theater of Operations on 14 October 1944 and departed
the Theater on 21 December 1945.

5.  On 12 January 1946, the applicant was honorably separated.  His WD AGO
Form 53-55 shows his organization as the 989th Signal Service Company.  It
shows he was credited with participation in four campaigns.  It shows he
was awarded the American Service Medal, the Asiatic-Pacific Campaign Medal,
the Army Good Conduct Medal, the Philippines Liberation Ribbon, and the
World War II Victory Medal.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards and occupation credit
received by units serving during World War II.  This document does not show
that the 989th Signal Service Company received occupation credit.

7.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in item 32 (Battles and
Campaigns) of the WD AGO Form 53-55.  This regulation states authorized
bronze service stars will be worn on the appropriate campaign or service
medal including the Asiatic-Pacific Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s records are not available and were presumably
lost or destroyed in the 1973 fire at the National Personnel Records
Center, his word that he was assigned to the 989th Signal Service Company
(and not just part of the unit for separation purposes) is accepted in this
case.  Regrettably, Department of the Army Pamphlet 672-1 does not show
that the 989th Signal Service Company was awarded occupation credit.
Therefore, there is insufficient evidence that would warrant granting the
relief requested.

2.  The evidence of record shows the applicant was credited with
participation in four campaigns.  Therefore, he is eligible to wear four
bronze service stars on his Asiatic-Pacific Campaign Medal.

3.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 January 1946; therefore, the time
for   the applicant to file a request for correction of any error or
injustice expired on     1 January 1950 (3 years after the Board was
established on 2 January 1947).  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

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jev___  __phm___  __gjp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the WD AGO Form 53-55 of
the individual concerned to show he is eligible to wear four bronze service
stars on his already-awarded Asiatic-Pacific Campaign Medal.




                                  __James E. Vick_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2000014297                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070424                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0067                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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