RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070003222


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 his records be corrected to
show he participated in four campaigns and that he be authorized to wear
four bronze service stars on the Asiatic-Pacific Campaign Medal.

2.  The applicant states that when the war was over his battery (in the
613th Field Artillery) received its fourth bronze [service] star and was
sent home.  The lieutenant had him stay and work in the office and told him
he would order the fourth battle star to be put on his records.  The
lieutenant was sent home before he got it done, so the applicant has never
gotten the recognition he earned.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  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 (consisting of a partially-illegible copy of the
applicant’s WD AGO Form 53-55 (Honorable Discharge and Report of
Separation)) remaining in a reconstructed record for the Board to conduct a
fair and impartial review of this case.

3.  The applicant was inducted into the Army in January 1944 and entered
active duty on 19 February 1944.  He arrived in the Asiatic-Pacific Theater
of Operations on 23 March 1944 and departed the theater on 10 May 1945.  He
was honorably discharged on 16 May 1945.

4.  The applicant’s WD AGO Form 53-55 shows he participated in three
campaigns – Central Burma, South Burma, and a largely-illegible entry that
could be “Burma North.”  His WD AGO Form 53-55 shows he was awarded the
Asiatic-Pacific Service Medal (now known as the Asiatic-Pacific Campaign
Medal) with three bronze service stars, the Army Good Conduct Medal, and
the World War II Victory Medal.

5.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze
service star, based on qualifying service, for each campaign listed in
Appendix B of this regulation.  Authorized bronze service stars will be
worn on the appropriate campaign or service medal, including the Asiatic-
Pacific Campaign Medal.  Appendix B lists three campaigns related to Burma
– the Burma, the India-Burma, and the Central Burma campaigns.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the campaign credit received by units
serving during World War II.  This document shows that the 613th Field
Artillery Battalion was awarded campaign credit for only two campaigns –
the Central Burma and the India-Burma campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been considered; however, the
available source authority shows that the 613th Field Artillery Battalion
(with no breakdown of the subordinate batteries) received campaign credit
for only two campaigns.

2.  The applicant’s WD AGO Form 53-55 shows he was credited with
participation in three campaigns.

3.  There is insufficient evidence to show his unit was credited with
participation in four campaigns.  Regrettably, there is insufficient
evidence that would warrant granting the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __wb____  __dll___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  __William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003222                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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