IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013881 


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 53-55 (Enlisted Record and Report of Separation - Honorable Service) to show campaign credit for the New Guinea campaign during World War II (WWII).

2.  The applicant states he was in New Guinea for several months.  He was sent to the Philippines on an LST (Landing Ship Tanks) which was hit by a Kamikaze plane.  Many were killed, but 12 of the survivors, including him, were sent back to the continental United States (CONUS).  He was in a catatonic state upon arrival at the Veterans Administration Hospital in Minnesota.   Officials there were unable to interview him upon processing his discharge papers.

3.  The applicant provides a copy of:

* his WD AGO Form 53-55
* another Soldier's WD AGO Form 53-55
* miscellaneous 1944 personal letters with the word "New Guinea" highlighted

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 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 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 6 May 1943 and he entered active duty at Fort Snelling, MN, on 12 May 1943.  This form also shows at the time of his separation, he held military occupational specialty 271 (Longshoreman) and he was assigned to the 275th Port Company.

4.  His WD AGO Form 53-55 also shows he departed CONUS on 11 December 1943 and he arrived in the South Pacific Theater of Operations (SPTO) on
4 January 1944.  He departed the SPTO on 24 October 1944 and he arrived back in CONUS on 6 November 1944.

5.  He completed 9 months and 18 days of continental service and 10 months and 26 days of foreign service.  He was honorably discharged and issued a Certificate of Disability for Discharge on 19 January 1945.

6.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows the entry "None" indicating he did not participate in any campaigns during WWII.

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the Asiatic-Pacific-Campaign Medal and the Army Good Conduct Medal.

9.  He submitted several personal letters, dated on various dates during March through June 1944, some of them through the Red Cross, to several individuals, with the words "New Guinea" highlighted in yellow.

10.  He also submitted another Soldier's WD AGO Form 53-55, who appears to have left CONUS and arrived in the SPTO on the same dates as the applicant.  This individual received credit for several campaigns, including the New Guinea campaign.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 275th Port Company received campaign credit for New Guinea for the period 24 January 1943 to 31 December 1944 during WWII.

12.  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.  The regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Asiatic-Pacific Campaign Medal.

13.  Army Regulation 600-8-22 states the World War II Victory Medal was established by the act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to correction of his WD AGO Form 53-55 to show his participation in the New Guinea campaign.

2.  The applicant submitted several letters, dated on various dates from March to June 1944, to several individuals back home.  He listed his address in New Guinea.  Additionally, he was assigned to a unit that received campaign credit for the New Guinea campaign.  As such, it appears he participated in this campaign. Therefore, his WD AGO Form 53-55 should be corrected to show this campaign.

3.  Additionally, his participation in the New Guinea campaign entitles him to a bronze service star for wear on his already-awarded Asiatic-Pacific-Campaign Medal and correction of his WD AGO Form 53-55 to show the bronze service star.
4.  The evidence of record shows he served a qualifying period of service for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this 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 32 of his WD AGO Form 53-55 the entry "None" and replacing it with the entry "New Guinea";

	b.  deleting from item 33 of his WD AGO Form 53-55 the Asiatic-Pacific Campaign Medal; and

	c.  adding to item 33 of his WD AGO Form 53-55 the Asiatic-Pacific Campaign Medal with one bronze service star and the World War II Victory Medal.



      __________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)                                         AR20100013881



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ABCMR Record of Proceedings (cont)                                         AR20100013881



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