IN THE CASE OF:
BOARD DATE: 12 August 2010
DOCKET NUMBER: AR20100008448
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 WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Asiatic-Pacific Campaign Medal and the Driver and Mechanic Badge with Driver M-Bar.
2. The applicant states some of his records were destroyed in 1973.
3. The applicant provides a copy of his WD AGO Form 53.
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 his 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/impartial review of this case.
3. His WD AGO Form 53 shows he was inducted into the Army of the United States on 6 January 1947. This form also shows at the time of his discharge, he held military occupational specialty 201 (Sheet Metal Worker) and was assigned to the 210th Ordnance Service Company.
4. His WD AGO Form 53 shows he departed the continental United States (CONUS) on 15 May 1947 and arrived in the Asiatic-Pacific Theater of Operations (APTO) on 23 May 1947. He departed the APTO on 8 May 1948 and he arrived in CONUS on 14 May 1948.
5. He completed 4 months and 13 days of continental service and 1 year of foreign service. He was honorably separated on 18 May 1948.
6. Item 31 (Military Qualifications and Date) of his WD AGO Form 53 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and item 33 (Decorations and Citations) shows the World War II Victory Medal.
7. Army Regulation 600-8-22 (Military Awards) states 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.
8. Army Regulation 600-8-22, currently in effect, provides for award of the Driver and Mechanic Badge. Component bars are authorized for Driver-W (for wheeled vehicles); Driver-T (for tracked vehicles); Driver-M (for motorcycles); Driver-A (for amphibious vehicles); Mechanic (for automotive or allied vehicles); and Operator-S (for special mechanical equipment). The eligibility requirements for drivers require that a Soldier must (qualify for and possess a U.S. Government Motor Vehicles Operators Identification Card issued as prescribed by appropriate regulations, and be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his/her qualification record or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served on active duty from 6 January 1947 to 18 May 1948. The Asiatic-Pacific Campaign Medal is awarded for service in the APTO between 7 December 1941 and 2 March 1946. Regretfully, he does not qualify for this award.
2. With respect to the Driver and Mechanic Badge, there is no evidence in his reconstructed records that shows he met the criteria for this badge or that he was recommended or was issued official orders awarding him this badge. Regretfully, in the absence of documentary evidence that shows he met the criteria, there is insufficient evidence to award him this badge.
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) AR20100008448
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ABCMR Record of Proceedings (cont) AR20100008448
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