IN THE CASE OF:	  

		BOARD DATE:	       18 February 2009

		DOCKET NUMBER:  AR20080013668 


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, the daughter of the Former Service Member (FSM), requests, in effect, correction of the FSM's Enlisted Record and Report of Separation of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the Presidential Unit Citation and the Army of Occupation Medal with Japan Clasp.   The applicant also requests to receive these awards.

2.  The applicant states, in effect, that the FSM served as a translator with the Military Intelligence Service.  The FSM's family did not know about these awards until just recently.

3.  The applicant provides, in support of the application, copies of the FSM's WD AGO Form 53-55, Separation Qualification Record (WD AGO Form 100), Military Intelligence Service Language School Certificate, Certificate of Death, her Report of Birth, Drivers License, and information obtained from the Military Intelligence Service Research Center's website. 

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 FSM'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 FSM'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’s WD AGO Form 53-55 shows:

	a.  that he was inducted into the Army of the United States on 15 July 1941;

	b.  that he served in the United States during the periods from 15 July 1941 to 6 Jul 1945 and from 1 to 19 January 1946 (4 years and 11 days);

   c.  that he served with the 10th Army Anti-aircraft Artillery Group;

	d.  that he served in the Asiatic Pacific Theater of Operations from 30 July 1945 to 14 December 1945 and was subsequently discharged on 19 January 1946; 

   e.  that his awards include the Good Conduct Medal, Asiatic Pacific Campaign Medal, and World War II Victory Medal.  It does not include the Presidential Unit Citation or the Army of Occupation Medal with Japan Clasp; and
   
   f.  that he completed the 52 week Army Language School.

4.  The FSM's Military Intelligence Service Language School Certificate shows that he completed the prescribed course of instruction on 19 May 1945.  

5.  The FSM's WD AGO Form 100 shows that he served as an interpreter with the Headquarters Battery, 10th Army in Korea.  He interpreted [translated] the Japanese language into English and vice versa. 

6.  The Military Intelligence Service Research Center provides at their website that prior to World War II, in anticipation of possible conflict with Japan, Japanese Americans had been recruited for gathering military intelligence for the United States.  The War Department conducted a survey that revealed that only about three percent of the 3,700 enlisted Nisei [second generation sons] were judged as competent linguists.  An Army Japanese language school was established and graduated more than 6,000 Military Intelligence Service students.  These Soldiers were dispersed to every major combat unit in the Pacific.  They translated Japanese maps and technical manuals, combat orders, enemy diaries, and interrogated Japanese prisoners of war.  The vital role of the Military Intelligence Service Nisei linguists was generally concealed and kept low-key.  Accordingly, they were almost totally absent from the press information and pictorial record of the Pacific War.  

7.  The Military Intelligence Service Research Center reports that in June 2000, the Military Intelligence Service became the recipient of the Presidential Unit Citation, the highest honor given to a United States military unit.   The award citation states: "The Military Intelligence Service not only played key roles in battlefield situations, they also provided United States forces with an unprecedented amount of intimate, authoritative, detailed, and timely information on enemy forces to support planning and execution of combat operations."

8.  The Awards Branch, United States Army Human Resources Command, Alexandria, Virginia, provided a partial copy of General Orders Number 25, dated in 2001, showing the citation for the Military Intelligence Service's award of the Presidential Unit Citation.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal for Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive.
It further provides, in pertinent part, for wear of the Japan Clasp for qualified service in the PTO. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's records should be corrected to show award of the Presidential Unit Citation and the Army of Occupation Medal with Japan Clasp.

2.  The available evidence clearly shows that the FSM was a member of the Military Intelligence Service and served as a translator during the period for which the Military Intelligence Service was awarded the Presidential Unit Citation.

3.  The FSM served during a qualifying period of service in Korea for award of the Army of Occupation Medal with Japan Clasp.
4.  In view of the above, the FSM's records should be corrected to show award of the Presidential Unit Citation and the Army of Occupation Medal with Japan Clasp.

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 showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the Presidential Unit Citation and the Army of Occupation Medal with Japan Clasp and that the applicant be issued these awards.




      _______ _   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)                                         AR20080013668





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ABCMR Record of Proceedings (cont)                                         AR20080013668



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