IN THE CASE OF:	

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090018441 


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 correction of his records to show the campaigns he participated in during World War II, along with the American Defense Service Medal, American Campaign Medal, and Army Good Conduct Medal.

2.  The applicant states he enlisted in the Army when he was 14 years old.

	a.  He served at Pearl Harbor from 8 April 1941 to August 1942.  He then went on to serve at Guadalcanal until October 1942.  He was honorably discharged on 25 August 1943.

	b.  He enlisted in the U.S. Navy where he served in the Pacific and later during the Korean War.

3.  The applicant provides, in support of his application, copies of his Army and Navy discharge papers and two newspaper articles.

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 service records pertaining to his service in the Army 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's service in the U.S. Navy does not fall under the purview of the ABCMR.  The applicant may submit a DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) to the Board for Correction of Naval Records, 2 Navy Annex, Washington, DC  20370-5100 for correction of his U.S. Navy service records.  As such, the applicant's service in the U.S. Navy will not be addressed any further in this Record of Proceedings.

4.  The Enlisted Record of the applicant shows he enlisted on 17 March 1941 at Trenton, New Jersey.  At the time his age was 14 years and 7 months.

	a.  The line entry for "Battles, engagements, skirmishes, expeditions" shows he served in the Hawaiian Department from 8 April 1941 to 16 August 1943.
	
	b.  The line entry for "Decorations, service medals, citations" shows "None" and the line entry for "Wounds received in service" shows "None."

   c.  He qualified sharpshooter with the rifle and was authorized the Asiatic-Pacific Campaign Medal.

	d.  This document also shows he returned to the United States from the Hawaiian Department on 16 August 1943, his character was rated as excellent, and he was honorably discharged by reason of minority.

5.  A Summary for Health Record and NMSH Form 59 (Clinical Record) show the applicant was attached to Company A, 35th Infantry, when he was admitted to the 25th Division Hospital for malaria on 19 June 1943.  This document also shows the applicant arrived at "Cactus" on 17 December 1942 and had his first attack of proven malaria about 15 January 1943.

6.  A WD AGO Form Number 370 (Final Statement of [Applicant's Pay]) shows he was honorably discharged under the provisions of Army Regulation 615-360, section IV, based on minority, per Headquarters, Service Command, Army Post Office 932 [New Hebrides], Special Order 38, paragraph 10, dated 10 July 1943. 

7.  A WD AGO Form Number 55 (Honorable Discharge Certificate) shows the applicant was honorably discharged from the Army at Fort McDowell, California, on 25 August 1943.

8.  In support of his application, the applicant provides copies of two newspaper articles that describe how he used his older brother's birth certificate to enlist in the Army.

	a.  He was stationed at Schofield Barracks in Hawaii when the Japanese bombed Pearl Harbor on 7 December 1941.

	b.  The applicant's mother sent the Army a letter revealing the truth about his age; however, the applicant was in Guadalcanal by that time.

	c.  He arrived in Guadalcanal in October 1942, saw combat, and later contracted malaria and jaundice.  He was then sent to a Navy hospital on New Hebrides Island and he was honorably discharged on 25 August 1943.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in World War II.  This document shows that at the time of the applicant's assignment to Company A, 35th Infantry Regiment, 25th Infantry Division, the regiment:

   a.  participated in three campaigns:  the Central Pacific (7 December 1941 -
6 December 1943), Guadalcanal (7 August 1942 - 21 February 1943), and Northern Solomons (22 February 1943 - 21 November 1944); and

   b.  was cited for award of the Presidential Unit Citation (formerly known as the Distinguished Unit Citation) for actions from 10 to 23 January 1943 by Headquarters, Department of the Army, General Orders 36 (1951).

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.
	b.  The American 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.

	c.  The Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

	d.  A bronze service star is authorized, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate service medal, including the Asiatic-Pacific Campaign Medal.

	e.  The World War II Victory Medal is awarded for service between
7 December 1941 and 31 December 1946, both dates inclusive.

11.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year or continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below "excellent."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the campaigns he participated in during World War II, along with the American Defense Service Medal, American Campaign Medal, and Army Good Conduct Medal.

2.  The applicant enlisted in the Army on 17 March 1941 at Trenton, New Jersey; he served in the Hawaiian Department from 8 April 1941 to 16 August 1943; and he was honorably discharged on 25 August 1943.

   a.  The available records fail to show the applicant served in the American Theater for a period of 12 months or longer between 17 March and 7 December 1941.  Therefore, he is not entitled to the American Defense Service Medal.

   b.  The available records fail to show the applicant served a qualifying period of service in the American Theater (i.e., 30 consecutive days or
60 nonconsecutive days) between 7 December 1941 and 25 August 1943.  Therefore, he is not entitled to the American Defense Service Medal.

	c.  The applicant qualified for award of the Asiatic-Pacific Campaign Medal and he served in three campaigns during his service in the Asiatic-Pacific Theater of Operations.  Therefore, he is entitled to three bronze service stars to be worn on his already-awarded Asiatic-Pacific Campaign Medal.
   
   d.  The applicant's service qualifies him for award of the World War II Victory Medal.  Therefore, it would be appropriate to issue him this service medal.

   e.  The applicant served a qualifying period of active duty enlisted service for award of the Good Conduct Medal from 17 March 1941 through 25 August 1943.
Therefore, it would be appropriate to approve this award.
   
   f.  The applicant qualified sharpshooter with the rifle.  Therefore, he is authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
   
	g.  General orders awarded the applicant's regiment the Presidential Unit Citation.  Therefore, it would be appropriate to correct his records to show this unit award.

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.  awarding him the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 17 March 1941 to 25 August 1943; and

	b.  issuing him a DA Form 1577 (Authorization for Issuance of Awards) that shows the Army Good Conduct Medal, Asiatic-Pacific Campaign Medal with three bronze service stars, World War II Victory Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Presidential Unit Citation (Army).

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 the American Defense Service Medal and American Campaign 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)                                         AR20090018441



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ABCMR Record of Proceedings (cont)                                         AR20090018441



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