IN THE CASE OF:	

		BOARD DATE:	      23 September 2008

		DOCKET NUMBER:  AR20080008275


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 administrative corrections to his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), including 3, not 4, bronze campaign stars, and the Army of Occupation Medal.

2.  The applicant states the subject form incorrectly indicates in Item 34 (Service Outside Continental US [CONUS] and Return) that he departed CONUS on 21 December 1943 and arrived at Manila Bay (Philippine Islands, PI) on 14 January 1944.  It also incorrectly indicates that he participated in the Philippine Islands Campaign for which he earned a bronze campaign star (now known as bronze service stars).  The applicant argues that he could not have arrived at Manila Bay in January 1944 because Manila and Corregidor were under Japanese control until March 1945.

3.  The applicant provides:

	a.  His WD AGO Form 53-55, front and back.

	b.  A document labeled Battalion Diary, Headquarters Boat Battalion, 533rd Engineer Boat and Shore Regiment, Third Engineer Special Brigade, dated 6 November 1945.

	c.  A privacy act form from the office of US Senator Arlen Specter.

	d.  A letter from the National Personnel Records Center (NPRC) to US Senator Specter, dated 29 April 2008.
	e.  A letter from US Senator Specter to the NPRC, dated 21 April 2008.

	f.  A letter from the applicant to the NPRC, dated 1 April 2008, with a Request Pertaining to Military Records.

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 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 of the United States (AUS) on 14 August 1942 and reported for active duty on the same date.  He reported for duty at Camp Edwards, MA and was assigned to the recently activated 3rd Engineer Amphibian Brigade, which included the 593rd Engineer Boat Regiment and the 533rd Engineer Shore Regiment.

4.  The applicant was assigned to the Boat Regiment and underwent his basic training on Nantucket Sound.  He was ultimately designated a coxswain and assigned to a landing craft.

5.  On 25 May 1943 at the Presidio of Monterey, Monterey, CA, the brigade was redesignated the 533rd Engineer Boat and Shore Regiment (533rd EB&SR).  Training continued in and around Monterey, CA until the Regiment received orders to embark for the Asiatic-Pacific Theater of Operations (APTO).  On/about 21 December 1943, the applicant's unit sailed from San Francisco, CA aboard the SS Cape Perpetua bound for Milne Bay, New Guinea.  After a 24-day voyage, the unit disembarked the SS Cape Perpetua at Milne Bay.
6.  The 533rd Engineer Boat and Shore Regiment fought throughout the APTO and, upon cessation of hostilities, performed occupation duty in Japan from 25 November to 5 December 1945; however the applicant's records shows he departed his unit on 16 November 1945 en route to the US for discharge.

7.  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 and the Korean War.  This document shows the applicant's unit participated in three campaigns and twice received assault landing credit.  The unit also was cited for award of the Philippine Republic Presidential Unit Citation and the Army of Occupation Medal with Japan Clasp from 25 November to 5 December 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests corrections to his WD AGO Form 53-55 and award of the Army of Occupation Medal.

2.  The applicant is absolutely correct in stating he did not sail from San Francisco in December 1943 and arrive at Manila Bay on 14 January 1944.  His troop ship, SS Cape Perpetua, landed at Milne Bay, New Guinea.  Item 34 of his WD AGO Form 53-55 should be corrected to show Milne Bay, New Guinea vice Manila Bay, PI.

3.  Item 32 (Battles and Campaigns) shows the applicant participated in the Philippine Islands Campaign, as well as three other campaigns, and that he received 4 bronze service stars for wear on his Asiatic-Pacific Campaign Medal.  The dates for the Philippine Islands Campaign are 7 December 1941 to 10 May 1942.  During this time, the Japanese bombed Pearl Harbor and immediately turned their attention to conquering the Philippines.  The applicant was not even inducted into military service until 14 August 1942; therefore, it is clear he did not participate in this campaign.

4.  The applicant participated in 3 campaigns during World War II; he is entitled to wear 3 bronze service stars on his Asiatic-Pacific Campaign Medal.  He is also entitled to wear 2 bronze arrowheads for assault landings in the Philippine Islands – Malabang and Parang, Mindinao, PI

5.  The applicant transferred from his unit on 16 November 1945 en route back to the US for discharge.  His unit went on to perform occupation duty in Japan from 25 November to 5 December 1945.  Only Soldiers who were still assigned and actually performing the occupation duty are entitled to the Army of Occupation Medal.  The applicant does not seem to qualify.
6.  The applicant's WD AGO Form 53-55 should be corrected as indicated below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Deleting from Item 32 (Battles and Campaigns) the entry "PHILIPPINE ISLANDS" as an authorized campaign;

	b.  Deleting from Item 33 (Decorations and Citations) the "ASIATIC-PACIFIC CAMPAIGN MEDAL WITH 4 BRONZE SERVICE STARS AND 1 BRONZE ARROWHEAD," and replacing it with the "ASIATIC-PACIFIC CAMPAIGN MEDAL WITH 3 BRONZE SERVICE STARS AND 2 BRONZE ARROWHEADS;" and

	c.  Deleting from Item 34 (Service Outside Continental US and Return) the entry 'MANILA BAY" and replacing it with the entry "MILNE BAY, NG."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army of Occupation Medal.



      _________X______________
               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)                                         AR20080008275



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ABCMR Record of Proceedings (cont)                                         AR20080008275



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