IN THE CASE OF:
BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20100000950
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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show one bronze service star to be affixed to the Asiatic-Pacific Campaign Medal.
2. The applicant states, in effect, the bronze service star was not put on his discharge document nor was it issued. He contends he received orders for the bronze service star for battle participation credit but the bronze service star was never recognized on his discharge document.
3. The applicant provides:
* WD AGO Form 53-55
* Orders for battle participation credit
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 applicants 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 applicants 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 16 March 1942. He served in the Asiatic-Pacific Theater of Operations from 6 June 1942 through 16 November 1943 and from 2 June 1944 through 28 October 1945. On 20 November 1945, he was honorably discharged.
4. Item 32 (Battles and Campaigns) on the applicant's WD AGO Form 53-55 shows he participated in the Western Pacific campaign. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the Good Conduct Medal, American Theater Campaign Ribbon (correctly known as the American Campaign Medal), Victory Medal (correctly known as the World War II Victory Medal), and Asiatic-Pacific Theater Campaign Ribbon (correctly known as the Asiatic-Pacific Campaign Medal) as authorized awards.
5. In support of his claim, the applicant provided general orders for the bronze service star for wear on the Asiatic-Pacific Theater Ribbon for participation in the Western Pacific campaign.
6. Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.
DISCUSSION AND CONCLUSIONS:
Orders show the applicant received the bronze service star for wear on the Asiatic-Pacific Theater Ribbon for participation in the Western Pacific campaign. Therefore, item 33 of his WD AGO Form 53-55 should be corrected to show the Asiatic-Pacific Campaign Medal with one bronze service star.
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 adding one bronze service star for wear on his already-awarded Asiatic-Pacific Campaign Medal on his WD AGO Form 53-55 and issuing him the bronze service star.
__________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) AR20100000950
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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