IN THE CASE OF:	  

		BOARD DATE:	    1 September 2011

		DOCKET NUMBER:  AR20110001587 


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 Discharge) to show the Presidential Unit Citation.

2.  The applicant states the unit he served with during World War II (WWII) was cited for award of the Presidential Unit Citation.

3.  The applicant provides his WD AGO Form 53-55, his Honorable Discharge Certificate, War Department General Orders Number 7, and a letter from the National Personnel Records 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.  The applicant's complete 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 his records were lost or destroyed in that fire; however, there were sufficient documents remaining in a reconstructed record to conduct a fair/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 and entered active duty at Fort Meade, MD, on 11 July 1941.  This form also shows he held military occupational specialty 815 (Ordnance Supply Noncommissioned Officer) and he was assigned to the Office of Strategic Services (OSS) at the time of his separation.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 20 September 1943 and arrived in India (Asiatic-Pacific Theater) on 21 November 1943.  He departed India on 1 October 1945 and arrived in CONUS on 28 October 1945.

5.  He completed 2 years, 2 months, and 21 days of continental service and 2 years, 1 month, and 9 days of foreign service.  He was honorably separated in the rank/grade of technical sergeant on 10 November 1945.

6.  His WD AGO Form 53-55 shows in:

* item 31 (Military Qualifications and Date) – Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* item 32 (Battles and Campaigns) – Central Burma, India, and Burma 
* item 33 (Decorations and Citations) and item 55 (Remarks) –

* Army Good Conduct Medal
* WWII Victory Medal
* Asiatic-Pacific Campaign Medal
* American Defense Service Medal
* American Theater Service Ribbon
* Army Lapel Button 

7.  General Orders Number 7, issued by the War Department on 17 January 1946 cited Service Unit Detachment Number 101, OSS, for "Battle Honors" for outstanding performance of duty from 8 May to 15 June 1945.  The citation reads, in pertinent part that "Detachment 101 displayed extraordinary heroism….."  

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for WWII and Korea.  This pamphlet does not show OSS was cited for award of the Presidential Unit Citation.

9.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

10.  Army Regulation 600-8-22 states the Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific Theater between 7 December 1941 and 2 March 1946.  This regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed in item 32 of the WD AGO Form 53-55.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Asiatic-Pacific Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows he was assigned to OSS at the time of his separation.  It is reasonable to presume his participation in the various campaigns in Burma indicate he was assigned to Detachment 101 of OSS.  This detachment was awarded the Presidential Unit Citation.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this unit award.

2.  Additionally, his participation in the Central Burma, India, and Burma campaigns entitles him to three bronze service stars for wear on his already-awarded Asiatic-Pacific Campaign Medal and correction of his WD AGO 
Form 53-55 to show these bronze service stars.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the Presidential Unit Citation and three bronze service stars to be affixed to the Asiatic-Pacific Campaign Medal to item 33 of his WD AGO Form 53-55.



      ___________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)                                         AR20110001587



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ABCMR Record of Proceedings (cont)                                         AR20110001587



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