RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  26 July 2007
	DOCKET NUMBER:  AR20070002359 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jerome L. Pionk

Member

Mr. John G. Heck

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 correction of his military records to show award of the Army of Occupation Medal with Japan Clasp.

2.  The applicant states that he was assigned to the Republic of Korea during the period from October 1945 to January 1946. 

3.  The applicant provides a copy of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) and a letter from the National Personnel Records Center, dated 17 November 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 10 February 1946, the date of his discharge.  The application submitted in this case is dated 11 January 2007.

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 for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

4.  The applicant's WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 10 September 1943.  His military occupational specialty was 861 (Surgical Technician).  

5.  On 1 April 1944, the applicant departed the United States for duty in the Pacific Theater of Operations (PTO).  He arrived in the PTO on 27 April 1944.  

6.  The applicant was assigned to the 6th Medical Battalion, 6th Infantry Division. He participated in the New Guinea Campaign from April to December 1944, and in the Luzon Campaign from December 1944 to July 1945.
   
7.  The applicant’s Separation Qualification Record (WD AGO Form 100) shows that he served with a medical collecting company attached to an infantry division in Korea.  He assisted in evacuation of sick and wounded Soldiers from camp areas to clearing companies for transportation to hospitals.

8.  He returned to the United States on 21 January 1946 and was honorably discharged on 10 February 1946.  He had attained the rank of Technician 
3rd Grade, and had completed 2 years, 5 months and 1 day of creditable active service.

9.  Item 31 (Military Qualification) of his WD AGO Form 53-55 shows that he was awarded the Combat Medical Badge.

10.  Item 32 (Battles and Campaigns) of his WD AGO 53-55, lists his campaigns as New Guinea and Luzon. 

11.  Item 33 (Decorations and Citations) of his WD AGO 53-55, lists his awards as the Good Conduct Medal, Asiatic Pacific Service Medal with 1 bronze arrowhead, and the Philippine Liberation Service Medal.  It does not show award of the Army of Occupation Medal with Japan Clasp.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal for Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive.
It further provides, in pertinent part, for wear of the Japan Clasp for qualified service in the PTO.

13.  Review of available records indicates that the applicant is authorized additional awards and decorations that are not shown on his WD AGO 53-55.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II.  This publication shows that the 6th Medical Battalion, during the time of the applicant's assignment, was cited in general orders for award of the Philippine Presidential Unit Citation and the Army of Occupation Medal with Japan Clasp. 

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign participation credit for units serving in World War II.  This publication shows that the 6th Medical Battalion, during the time of the applicant's assignment participated in the following two campaign periods: New Guinea (ended in December 19944) and Luzon (ended in July 1945).

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the wear of a bronze service star on the Asiatic Pacific Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant participated in the Luzon Campaign which ended in July 1945.  Following this service, he was attached to an infantry division in Korea until his return to the United States in January 1946 for discharge.  This service in Korea qualified him for award of the Army of Occupation Medal with Japan Clasp.  Therefore, his records should be corrected to show this award.

2.   The available evidence shows that the applicant was awarded the Combat Medical Badge for his service in the PTO during World War II.  Accordingly, he is also entitled to award of the Bronze Star Medal.  Therefore he should be awarded the Bronze Star Medal.

3.  Records show that the applicant’s unit was cited in general orders for award of the Philippine Presidential Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

4.  Records show that the applicant participated in two campaign periods during his service in the Pacific Theater of Operations.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Asiatic Pacific Service Medal.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 February 1946, the date of his 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.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

_ __JGH __  __LDS __  __JLP    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.  awarding him the Bronze Star Medal; and









b.  showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the Bronze Star Medal, Army of Occupation Medal with Japan Clasp, two bronze service stars to be affixed to his Asiatic Pacific Service Medal, and the Philippine Presidential Unit Citation.





___ Linda D. Simmons __________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
 
DATE BOARDED
20070726 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.