IN THE CASE OF:	

		BOARD DATE:	3 September 2009  

		DOCKET NUMBER:  AR20090004472 


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 a bronze service star be affixed to his Asiatic-Pacific Campaign Medal shown in item 55 (Remarks) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

2.  The applicant states, in effect, that he is supposed to have a bronze service star indicating a second award of the ribbon.  He contends that the clerk typing his honorable discharge failed to include the award of the second device for his Asiatic-Pacific Campaign Medal.

3.  The applicant provides no documentary evidence in support of his 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 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 on
8 March 1943 and he entered active duty on 15 March 1943.  He served in the Asiatic-Pacific Theater of Operations from 6 September 1943 to 17 March 1944 and he served in the European Theater of Operations from 16 December 1944 to 26 December 1945.  On 8 January 1946, he was honorably discharged.  

4.  The applicant’s WD AGO Form 53-55 shows that he was assigned to Headquarters Battery, 599th Anti-Aircraft Artillery (AAA) Automatic Weapons (AW) Battalion, 3rd Army.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he participated in the Rhineland and Central Europe Campaigns (in the European Theater of Operations).  Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows he was awarded the Good Conduct Medal and "Awarded 2 Bronze Stars for above campaigns" (in item 32).  Item 55 shows he was entitled to wear the Asiatic-Pacific Campaign Medal, European-African-Middle Eastern Campaign Medal, three awards of the Overseas Bar, World War II Victory Medal, and the American Campaign Medal.

5.  The applicant’s unit/organization during his assignment in the Asiatic-Pacific Theater of Operations is not available.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the 599th AAA AW Battalion participated in two campaigns (Central Europe and Rhineland) during World War II.

7.  Department of the Army Pamphlet 672-1 shows that the 599th AAA AW Battalion was awarded occupation credit for the period 2 May through 30 October 1945 for Germany.

8.  A DD Form 215 (Correction to WD AGO Form 53-55), dated 9 May 1990, amended the applicant’s WD AGO Form 53-55 by adding the Purple Heart for wounds received in March 1945.


9.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.

10.  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 with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant’s service in the Asiatic-Pacific Theater of Operations from 6 September 1943 to 17 March 1944, and since his unit/organization during this assignment is not available, he is entitled to at least one award of the bronze service star to be affixed to his Asiatic-Pacific Campaign Medal.

2.  The applicant’s unit received occupation credit for Germany which entitles him to award of the Army of Occupation Medal with Germany 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:

	a.  deleting from item 33 of his WD AGO Form 53-55 the entry "Awarded 2 Bronze Stars for above campaigns per WDGO 33 & 40, 1945";
	b.  deleting from item 55 of his WD AGO Form 53-55 the entry "Entitled to wear Asiatic Pacific Theatre Campaign Ribbon" and the "European African Middle Eastern Theatre Campaign Ribbon"; and

	c.  adding to item 33 of his WD AGO Form 53-55 the Army of Occupation Medal with Germany Clasp, Asiatic-Pacific Campaign Medal with one bronze service star, and the European-African-Middle Eastern Campaign Medal with two bronze service stars.



      ___________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)                                         AR20090004472



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ABCMR Record of Proceedings (cont)                                         AR20090004472



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