IN THE CASE OF:	  

	BOARD DATE:	  22 JULY 2008

	DOCKET NUMBER:  AR20080005431 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the American Campaign Medal, the Army of Occupation Medal with Japan Clasp, the Driver and Mechanic Badge with Driver-W (for wheeled vehicles) Bar, the Combat Action Ribbon, and the Overseas Service Ribbon.  He also requests, in effect, that evidence that money that was supposed to be sent to his wife as an allotment from his pay be provided, as his wife states that she never received any money from the Army.

2.  The applicant essentially states that a lot of information was missing from his military records.  He also states, in effect, that he has been trying to obtain the aforementioned awards for a long time.  He further essentially states that he is entitled to award of the American Campaign Medal because he spent 1 year, 
11 months, and 11 days overseas.  Additionally, he states that he has been married to the same woman for the past 65-plus years, and that the subject of money from the Army never came up, but when he recently asked her what she did with the allotment from his pay, she said she never received any money from the Army.  

3.  The applicant provides an unsigned self-authored note; his WD AGO Form 100 (Separation Qualification Record); an enlarged WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge); a memorandum, dated 24 September 1944, with images of the American Campaign Medal affixed to it; a letter of commendation, dated 6 September 1945, for the 27th Construction Battalion, with an image of the Combat Action Badge affixed to it; a portion of a book authored by a retired lieutenant general, with an inscription from the author to a major general; an undated letter from the same retired lieutenant general to the same major general; a roster of deceased personnel from the 27th Engineer Construction Battalion; a signature verification page with an image of the Army of Occupation Medal affixed to it; correspondence, dated 28 August 1945, which essentially approved assault landing credit for participating members of the 27th Engineer Construction Battalion [but does not indicate who actually participated in the assault landing]; correspondence awarding him the Distinguished Unit Badge [which was subsequently redesignated the Presidential Unit Citation] while attached to the 3rd Platoon, Company C, 3rd Engineer Combat Battalion for the Corregidor landing from 16 February 1945 to 22 February 1945; and a letter, dated 
22 October 1944, which redesignated the 27th Engineer Combat Battalion as the 27th Engineer Construction Battalion on 1 November 1944 in support of this application.

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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  This case is essentially being considered using the evidence provided by the applicant.  

3.  The available records show that the applicant was inducted into the Army of the United States on 3 February 1943, and entered active duty on 10 February 1943.  He departed the continental United States on 6 January 1944 for the Asiatic-Pacific Theater of Operations, and arrived there on 3 February 1944.  He participated in the New Guinea, Southern Philippines, and Luzon campaigns with the 27th Engineer Construction Battalion during his overseas service.  He returned to the continental United States on 22 December 1945, and was honorably released from active duty on 11 January 1946.  His WD AGO Form
53-55 essentially shows that he was awarded the Good Conduct Medal, the Philippines Liberation Ribbon with One Bronze Service Star, the Asiatic-Pacific Campaign Medal with Three Bronze Service Stars, the World War II Victory Medal, the Distinguished Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant essentially requested that he be awarded the American Campaign Medal.  However, the applicant only had 11 months and 15 days of aggregate service within the continental United States, and there is no evidence that 30 consecutive days or 60 nonconsecutive days of his service outside the continental United States was within the American Theater of Operations.

5.  The applicant also requested that he be awarded the Army of Occupation Medal with Japan Clasp.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) identifies unit awards and occupation credit for units during and immediately following World War II.  This document does not show that the 27th Engineer Construction Battalion was awarded occupation credit.  

6.  Additionally, the applicant essentially requested that he be awarded the Driver and Mechanic Badge with Driver-W Bar.  The applicant's WD AGO Form 100 shows, in pertinent part, that he possessed military occupational specialty (MOS) 931 (Heavy Truck Driver) for 14 months.  However, there are insufficient records to determine whether or not the applicant was involved in a government motor vehicle accident or traffic violation.  

7.  Further, the applicant essentially requested that he be awarded the Combat Action Badge.  However, retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001. 

8.  Additionally, the applicant essentially requested that he be awarded the Overseas Service Ribbon.  However, the applicant did not have an Active Army status on or after 1 August 1981.

9.  The applicant also essentially requested that evidence that money that was supposed to be sent to his wife as an allotment from his pay be provided, as his wife states that she never received any money from the Army.  However, none of the applicant's pay records beyond what is shown in the "Pay Data" section of his 
WD AGO Form 53-55 are available.  

10.  The applicant essentially stated that a lot of information was missing from his military records.  He also stated, in effect, that he has been trying to obtain the aforementioned awards for a long time.  He further essentially stated that he is entitled to award of the American Campaign Medal because he spent 1 year, 
11 months, and 11 days overseas.  Additionally, he stated that he has been married to the same woman for the past 65-plus years, and that the subject of money from the Army never came up, but when he recently asked her what she did with the allotment from his pay, she said she never received any money from the Army.  

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 
2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 
30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.  The boundaries of American Theater are as follows: 

     a.  the eastern boundary is located from the North Pole, south along the 75th meridian west longitude to the 77th parallel north latitude, thence southeast through Davis Strait to the intersection of the 40th parallel north latitude and the 35th meridian west longitude, thence south along the meridian to the 10th parallel north latitude, thence southeast to the intersection of the Equator and the 20th meridian west longitude, thence south along the 20th meridian west longitude to the South Pole; and 

     b.  the western boundary is located from the North Pole, south along the 141st meridian west longitude to the east boundary of Alaska, thence south and southeast along the Alaska boundary to the Pacific Ocean, thence south along the 130th meridian to its intersection with the 30th parallel north latitude, thence southeast to the intersection of the Equator and the 100th meridian west longitude, thence south to the South Pole. 

12.  War Department Circular 248, dated 28 July 1942, originally authorized the Driver and Mechanic Badge.  Paragraph 8-31 of Army Regulation 600-8-22 states that the Driver and Mechanic Badge is awarded to drivers, mechanics, and 
special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Recipients must be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months, or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded.  It also states, in pertinent part, that component bars are authorized only for the following types of vehicles and/or qualifications:

      a.  Driver-W (for wheeled vehicles);
      
      b.  Driver-T (for tracked vehicles);
      
      c.  Driver-M (for motorcycles);
      
      d.  Driver-A (for amphibious vehicles);
      
      e.  Mechanic (for automotive or allied vehicles); and
      
      f.  Operator-S (for special mechanical equipment).

13.  Army Regulation 600-8-22 also provides that the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  This regulation also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.   Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  

14.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The awardmay be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

15.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the American Campaign Medal, the Army of Occupation Medal with Japan Clasp, the Driver and Mechanic Badge with Driver-W Bar, the Combat Action Ribbon, and the Overseas Service Ribbon.  He also contends that evidence that money that was supposed to be sent to his wife as an allotment from his pay should be provided, as his wife states that she never received any money from the Army.

2.  While the applicant believes that he should be awarded the American Campaign Medal, he did not serve in the continental United States for an aggregate period of 1 year, and there is no evidence that 30 consecutive days or 60 nonconsecutive days of his service outside the continental United States was within the American Theater of Operations.  In view of the foregoing, there is no basis for awarding the American Campaign Medal to the applicant in this case.

3.  While the sincerity of the applicant's claim to entitlement to award of the Army of Occupation Medal with Japan Clasp is not questioned, the applicant's unit during his overseas service was not awarded occupation duty credit.  In view of the foregoing, there is no basis for awarding him the Army of Occupation Medal with Japan Clasp in this case.

4.  While it is clear that the applicant possessed MOS 931 for 14 months, there are insufficient records to determine whether or not the applicant was involved in a government motor vehicle accident or traffic violation, which would have precluded award of the Driver and Mechanic Badge.  As the applicant's WD AGO Form 53-55 does not show that he was awarded this badge, and the applicant authenticated this document with his signature, regularity must be presumed.  As a result, there is insufficient basis upon which to award the Driver and Mechanic Badge to the applicant in this case.

5.  As retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001, there is no basis for awarding the applicant this badge.


6.  Additionally, although the applicant clearly served overseas from 6 January 1944 to 22 December 1945, he did not have an Active Army status on or after 
1 August 1981.  As a result, there is no basis for awarding him the Overseas Service Ribbon in this case.

7.  While the sincerity of the applicant's claim that his wife states that she never received any money from the Army that was supposed to be sent to her as an allotment from his pay, the lack of virtually all of the applicant's pay records makes it impossible to provide any evidence which shows one way or the other if and how much money was sent from the applicant's pay as an allotment to his wife, and where the allotment was sent to.  As a result, regularity must be presumed and, in view of the foregoing, there is insufficient basis for granting relief to this portion of the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080005431



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ABCMR Record of Proceedings (cont)                                         AR20080005431



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