RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  07 February 2008
	DOCKET NUMBER:  AR20070014023 


	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

Ms. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Ms. Rose M. Lys

Member

Mr. Qawiy A. Sabree

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 he be awarded two Bronze Service Stars for his Asiatic-Pacific Campaign Medal.

2.  The applicant states he is not looking for any monetary grants and that he only wants his military records corrected to show an entitlement of a bronze service star to be attached to his Asiatic-Pacific Campaign Medal and/or Ribbon for the initial invasions of Saipan, Philippines, and Okinawa, as the unit to which he was assigned participated in these campaigns.

3.  The applicant provides in support of his application, a copy of his Enlisted Record and Report of Separation (WD AGO Form 53-55) dated 29 June 1945 and a copy of his Report of Transfer or Discharge (DD Form 214) dated 30 April 1962.

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.  On 16 November 1939, the applicant enlisted in the New York Army National Guard (NYARNG), for 3 years, in the pay grade of E-1.  He entered active service on 13 January 1941 and continued to serve as a member of the NYARNG until he was honorably discharged on 29 June 1945.

3.  On 9 September 1946, the applicant enlisted in the Regular Army for 3 years. He was honorably discharged on 8 September 1949.  He again enlisted in the Regular Army on 20 September 1949 and was honorably discharged on
31 August 1950 to accept a call to extended active duty (EAD) as a commissioned officer in the United States Army Reserve (USAR).

4.  The applicant accepted a commission as a second lieutenant in the USAR on 1 September 1950 on an EAD status.  He remained on active duty through extensions and appointments.  On 30 April 1962, the applicant was honorably released from active duty on 30 April 1962 for the purpose of retirement and transferred to the USAR Control Group (Retired Reserve).

5.  The applicant's Officer Qualification Record (DA Form 66) shows he was awarded the World War II Victory Medal, the Army Good Conduct Medal, seven Overseas Service Bars, the American Defense Service Medal, the American Campaign Medal; the Asiatic-Pacific Campaign Medal, the Philippine Liberation Ribbon, the Philippine Presidential Unit Citation, the Army of Occupation Medal with Germany Clasp, the National Defense Service, and the Army Commendation Ribbon with Metal Pendant.

6.  The applicant's DA Form 66 also shows that War Department General Orders Number 12 dated 1946, credited him with participation in the following three campaigns:  the Battle of Saipan; the Battle of Okinawa; and the Philippines campaign.

7.  The applicant's records contain four Reports of Separation.  His WD AGO Form 53-55 for the period covering 13 January 1941 through 29 June 1945 shows that he was awarded the American Defense Service Medal, the 
Asiatic-Pacific Campaign Medal, and the Philippine Liberation Ribbon with bronze service star.  His WD AGO Form 53-55 also shows that he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1 and M-14) and was issued the Army Lapel Button.

8.  The applicant's WD AGO 53 for the period covering 9 September 1946 through 8 September 1949 shows that he qualified for the Parachutist Badge.

9.  The DD Form 214 that the applicant was furnished covering the period 20 September 1949 through 31 August 1950 does not reflect any awards.  His DD Form 214 for the period covering 1 September 1950 through 30 April 1962 was his final separation document and it shows that he was awarded the World War II Victory Medal, the Army Good Conduct Medal, seven Overseas Service Bars, the American Defense Service Medal, the American Campaign Medal, the Asiatic-Pacific Campaign Medal, the Philippine Liberation Ribbon, the Philippine Presidential Unit Citation Badge; the Army of Occupation Medal with Germany Clasp, the National Defense Service Medal, and the Army Commendation Ribbon with Metal Pendant.  However; the bronze service star, previously awarded for inclusion on his Philippine Liberation Ribbon; the Parachutist Badge 

the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1 and M-14) for which he previously qualified; and the previously issued Army Lapel Button, failed to be included on the DD Form 214 that he was furnished at the time of his retirement.

10.  Army Regulation 600-8-22 (Military Awards) 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.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record indicates that he is entitled to two bronze service stars for wear on his Asiatic-Pacific Campaign Medal to reflect his campaign participation in the Battle of Saipan and in the Battle of Okinawa.  He was credited with participation in these campaigns in War Department General Orders Number 14, dated 1946, and these decorations should be included on the DD Form 214 that was issued to him at the time of his retirement.

2.  He was also previously awarded one bronze service star for inclusion on his Philippine Liberation Ribbon and the Army Lapel Button, which were erroneously omitted from his final DD Form 214.  Therefore, it would be appropriate at this time to include these decorations on his DD Form 214.

3.  The applicant qualified for the Marksman Marksmanship Qualification Badge (Rifle M-1 and M-14) and the Parachutist Badge; however, these qualification badges were also erroneously omitted from his final DD Form 214.  Therefore, it would now be in the interest of justice to amend his DD Form 214 to add these badges.


BOARD VOTE:

__WDP__  __RML__  __QAS__  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period covering 1 September 1950 through 30 April 1962 to show that he was awarded two bronze service stars for wear on his already-awarded Asiatic-Pacific Campaign Medal; one bronze service star for wear on his already-awarded Philippine Liberation Medal; the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1 and M-14); the Parachutist Badge; and the Army Lapel Button.

2.  The Board wants the applicant and all others to know that the sacrifices made by him in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




____William D. Powers_____
          CHAIRPERSON




INDEX

CASE ID
AR20070014023
SUFFIX

RECON

DATE BOARDED
20080207
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.  189
110.0000/SEPARATION DOCUMENT
2.  1
110.0000/ADD APPROVED AWARDS
3.

4.

5.

6.