IN THE CASE OF:
BOARD DATE: 29 June 2010
DOCKET NUMBER: AR20090020710
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Asiatic-Pacific Campaign Medal.
2. The applicant states that he was a member of the U.S. Merchant Marine Service and was on active duty with the U.S. Army from 11 July 1944 to 30 September 1944. He served aboard the troopship SS Exiria.
3. The applicant provides copies of his DD Form 214, Asiatic-Pacific Campaigns, proof of service aboard the SS Exiria, a letter from the U.S. Army Transportation Center, and a letter from the U.S. Army Reserve Personnel Center.
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. On 18 May 2000, the U.S. Army Reserve Personnel Command issued the applicant a DD Form 214 reflecting his service in the Army Transportation Corps from 11 July 1944 to 30 September 1944 aboard the SS Exiria.
3. A review of the available records failed to show any indication of where the SS Exiria operated at any given time when the applicant was a crewmember.
4. On 19 January 1988, the Secretary of the Air Force determined that the service of the American Merchant Marine in Oceangoing Service during the period of armed conflict from 7 December 1941 to 15 August 1945 shall be considered "active duty" under the provisions of Public Law 95-202 for the purpose of laws administered by the Veterans Administration. Although technically not part of the U.S. Merchant Marine, civil service vessels in ocean going service or foreign waters were also included as part of this approved group.
5. Army Regulation 600-8-22 (Military Awards) provides 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. 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 having been awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.
6. Army Regulation 600-8-22, paragraph 5-1 states campaign medals denote honorable performance of military duty within specified limited dates in specified geographical areas. They are awarded only for active Federal military service.
7. Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, provides that the Board considers individual applications that are properly brought before it. The Board is not an investigative body and decides cases based on the evidence of record, which includes the evidence presented by the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Asiatic-Pacific Campaign Medal.
2. The applicant has provided evidence showing that he served on the SS Exiria from 11 July 1944 to 30 September 1944, under the command and control of the Army Transportation Corps.
3. Public Law 95-202 provided active duty status to members of the American Merchant Marine in Oceangoing Service for the purpose of laws administered by the VA for benefits. This law did not extend to service awards authorized by the United States Army.
4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II and the Korea War. The applicant and all Americans should be justifiably proud of his service to our Nation.
5. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ __X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20090020710
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