IN THE CASE OF:
BOARD DATE: 26 August 2010
DOCKET NUMBER: AR20100009989
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, the grandson of a deceased former service member (FSM), requests his grandfather be awarded the Asiatic-Pacific Campaign Medal with one bronze service star for the Leyte campaign.
2. The applicant states that documents provided by the Center for Military History shows that his grandfather's unit was sent to the Philippines. The Philippine Presidential Unit Citation lists his grandfather's unit as a recipient.
3. The applicant provides copies of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), an extract from DA Pamphlet 672-1 (Unit Citation and Campaign Credit Register), and Department of the Army General Order (DAGO) Number 47, dated 28 December 1950.
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 FSM's military records are not available 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, sufficient information is available to render a full and impartial review.
3. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and he served on active duty from 10 June 1942 to 20 December 1945. He was honorably discharged as a Technician 3rd Class. He was awarded the Army Good Conduct Medal, World War II Victory Medal, and the American Theater Campaign Medal.
4. Item 56 (Service Outside Continental U.S. and Return) of the WD AGO Form 53-55 shows the following single entry:
Date of Departure Destination Date of Arrival
11 Sep 45 American Theatre 15 Sep 45
5. The WD AGO Form 53-55 shows in item 6 that the FSM's organization was the 3114th Signal Service Battalion.
6. Item 8 of his WD AGO Form 53-55 and the FSM's WD Form 370 (Final [Pay] Statement) show that he was discharged at Fort Gulick, Canal Zone on 20 December 1945.
7. DA Pamphlet 672-1 (Unit Citation and Campaign Credit Register) does not list the 3114th Signal Service Battalion.
8. DAGO 47, dated 28 December 1950 authorizes listed units and personnel assigned and present for duty with these units to receive the Philippine Presidential Unit Citation for the period 17 October 1944 to 4 July 1945.
9. The applicant has highlighted the 3114th Signal Service Platoon (emphasis added) as the recipient of the Philippine Presidential Unit Citation and campaign credit for Leyte on the copies of DAGO Number 47 and the DA Pamphlet 672-1 that he submitted.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that documents provided by the Center for Military History shows that his grandfather's unit was sent to the Philippines. The Philippine Presidential Unit Citation lists his grandfather's unit as a recipient.
2. The documents provided by the applicant show the 3114th Signal Service Platoon, not the FSM's unit, the 3114th Signal Service Battalion, received the Philippine Presidential Unit Citation and campaign credit for Leyte.
3. The FSM's discharge at Fort Gulick in the former Panama Canal Zone could very well account for the seemingly incomplete entry in item 36 of the WD AGO 53-55. Knowing the FSM served at the Fort Gulick makes this 4-day sea voyage from 11-15 September 1945, which started and ended in the American Theater of Operations, completely reasonable.
4. In view of the foregoing, regrettably, there is no basis for granting the applicant's request.
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) AR20100009989
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ABCMR Record of Proceedings (cont) AR20100009989
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