IN THE CASE OF:	

		BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090020237 


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 the Army of Occupation Medal with two bronze service stars be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

2.  The applicant states he was in Japan.

3.  The applicant provides the following documents in support of his application:

   a.  a photocopy of the Asiatic-Pacific Campaign Medal with two bronze service stars

   b.  a copy of his WD AGO Form 53-55 with typewritten entries in item 33 (Decorations and Campaigns) of the Army of Occupation Medal with Japan Clasp and the Philippine Liberation Ribbon with one bronze star (each entry is initialed by an unidentifiable individual).

   c.  a copy of his Honorable Discharge 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 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's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 January 1943 and he entered active service on
1 February 1943.  His WD AGO Form 53-55 shows he arrived in the Western Pacific Theater of Operations (WPTO) on 10 October 1944 and departed on
3 December 1945 en route to the United States.

4.  The applicant was honorably discharged on 3 January 1946.  Item 33 of his WD AGO Form 53-55 obtained from his reconstructed record shows he was awarded the following:

* American Service Medal
* Asiatic-Pacific Campaign Medal 
* Army Good Conduct Medal
* World War II Victory Medal

5.  The applicant provided a copy of his WD AGO Form 53-55 in which the Army of Occupation Medal with Japan Clasp and the Philippine Liberation Ribbon with one bronze star were added as typed entries to item 33 and each entry was initialed.

6.  Item 6 (Organization) of his WD AGO Form 53-55 shows he was assigned to the 59th Portable Surgical Hospital prior to being separated from the Separation Center at Fort Dix, NJ on 3 January 1946.  That form also shows he performed duties as a medical technician.

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he received campaign credit for participation in the Luzon and New Guinea campaigns.

8.  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 pamphlet shows the 59th Portable Surgical Hospital was cited for the following:

* Occupation credit for Japan (5 October - 4 November 1945)
* Philippine Presidential Unit Citation (17 October 1944 - 4 July 1945)
* Campaign credit for Luzon and New Guinea

9.  Army Regulation 600-8-22 (Military Awards), paragraph 6-8 states that service stars are worn on campaign and service medals to denote participation in a named campaign.  Service stars are authorized for wear on several campaign and service medals and or ribbons, including the Asiatic-Pacific Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  While the source of the additional typed awards on the applicant’s WD AGO Form 53-55 is unknown, the Department of the Army Pamphlet 672-1 shows that during the applicant's assignment to the 59th Portable Surgical Hospital, the unit was authorized occupation credit for Japan.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the Army of Occupation Medal with Japan Clasp.

2.  The applicant’s request for the Army of Occupation Medal with two bronze service stars is noted.  However, service stars are worn on campaign and service medals to denote participation in a named campaign.  Since the applicant participated in Luzon and New Guinea campaigns, he is eligible for two bronze service stars for wear on his already-awarded Asiatic-Pacific Campaign Medal.  Therefore, his WD AGO Form 53-55 should be corrected accordingly.

3.  The Department of the Army Pamphlet 672-1 shows that the 59th Portable Surgical Hospital was cited for the Philippine Presidential Unit Citation during the applicant's period of assignment.  Therefore, his WD AGO Form 53-55 should be corrected to show this unit award.


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 Asiatic-Pacific Service Medal, and

   b.  adding to item 33 of his WD AGO Form 53-55 the Army of Occupation Medal with Japan Clasp, Asiatic-Pacific Campaign Medal with two bronze service stars, and the Philippine Presidential Unit Citation.



      __________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)                                         AR20090020237



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090020237



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1