IN THE CASE OF:
BOARD DATE: 27 January 2009
DOCKET NUMBER: AR20080009195
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 that his father's, a former service member (FSM), military records be corrected to show that he was authorized the Asiatic-Pacific Campaign Medal.
2. The applicant states his father's separation record was completed incorrectly, leaving off the Asiatic-Pacific Campaign Medal. He states his father was authorized the medal based on his service in the Alaskan Territories (AT) during World War II.
3. The applicant provides, in support of his application, copies of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 18 September 1945, electronic mail from the National Personnel Records Center in St. Louis, Missouri, and his father's death certificate.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSMs 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 FSMs records were lost or destroyed in that fire. However, there were sufficient documents for the Board to conduct a fair and impartial review of this case. The primary record available to this Board is the FSM's WD AGO Form 53-55 with a date of separation of 18 September 1945.
3. The FSM's WD AGO Form 53-55 shows he was inducted and entered into active service on 11 June 1942. Item 33 (Decorations and Citations) does not contain an entry for the Asiatic-Pacific Campaign Medal.
4. Item 36 (Service Outside Continental U.S. and Return) shows the FSM served in the AT during the periods from 30 November 1943 to 24 August 1944 and from 14 October 1944 to 15 January 1945.
5. On 18 September 1945, the FSM was discharged. He had completed 3 years, 3 months, and 8 days of active service that was characterized as honorable.
6. 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 under any of the following conditions: 1) permanent assignment in the Asiatic-Pacific Theater, 2) in a passenger status or on temporary duty for 30 consecutive or 60 nonconsecutive days, or 3) in active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit or independent force showing actual participation in combat.
7. The geographical boundaries of the Asiatic-Pacific Theater of Operations were: East boundary from the North Pole, south along the 141st meridian west longitude to the east boundary of Alaska, thence south and southeast along the Alaskan 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 along the 100th meridian west longitude to the South Pole; West boundary from the North Pole, south along the 60th meridian east longitude to its intersection with the eastern border of Iran, thence south along that border to the Gulf of Oman and the intersection of the 60th meridian east longitude, thence south along the 60th meridian east longitude to the South Pole.
8. The FSM's records show that he was entitled to an additional award, which was not requested and is not listed on his WD AGO Form 53-55.
9. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service from 7 December 1941 through 31 December 1946.
DISCUSSION AND CONCLUSIONS:
1. The FSM served two periods of more than 30 consecutive days in the AT during the period between 7 December 1941 and 2 March 1946.
2. The AT was within the boundaries of the Asiatic-Pacific theater of operations. Therefore, the FSM is authorized the Asiatic-Pacific Campaign Medal.
3. Based on the FSMs period of service he was authorized the World War II Victory Medal.
BOARD VOTE:
___X____ ___X____ ___X___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 33 of the FSM's WD AGO Form 53-55 to show he was authorized the Asiatic-Pacific Campaign Medal and the World War II Victory 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) AR20080009195
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ABCMR Record of Proceedings (cont) AR20080009195
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