IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110005939 


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 to his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show in effect the addition of the Distinguished Unit Citation (now known as the Presidential Unit Citation).

2.  He states that his separation document does not show his unit citations.

3.  He provides:

* WD AGO Form 53-55 
* Certificate of Military Service
* Newspaper article titled, “Famed Arizona Guard Unit to Retire Colors”
* Article on the Arizona Bushmasters

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 the applicant’s records were destroyed in that fire.  However, a reconstructed record contains sufficient documentation and evidence provided by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  His available records show he was inducted into the Army of the United States on 14 September 1943 and he entered active service on 7 October 1943. He served overseas in the Asiatic Pacific Theater of Operations from 27 April 1944 to 17 January 1946.  

4.  He was honorably discharged from active duty, in the rank of private first class, on 21 January 1946, for the convenience of the Government at demobilization. 

5.  Item 6 (Organization) of his WD AGO Form 53-55 listed the 158th Infantry Regiment and Item 30 (Military Occupational Specialty and Number) listed Mortar Gunner, 607.  

6.  Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 listed the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).  

7.  Item 32 (Battle and Campaigns) shows he participated in the New Guinea, Luzon, and East Indies campaigns.

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 lists the:

* Philippine Liberation Ribbon
* Asiatic-Pacific Campaign Medal
* World War II Victory Medal

9.  Item 55 (Remarks) of his WD AGO Form 53-55 lists the Honorable Service Lapel Button.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows his unit, the 158th Infantry Regiment, was cited for award of the Distinguished Unit Citation, by War Department Orders Number 66, dated 1945 and the Army of Occupational Medal with Japan Clasp, for the period 20 September 1945 to 20 January 1946.
11.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) 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. 

12.  Army Regulation 600-8-22 also authorized a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Asiatic Pacific Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders confirm the applicant's unit was awarded the Presidential Unit Citation and Army of Occupation Medal with Japan Clasp.  As a result, it would be appropriate to add these unit awards to his record at this time. 

2.  The available evidence also confirms he participated in the New Guinea, Luzon, and East Indies campaigns during World War II.  Therefore, he is entitled to three bronze service stars for wear on his Asiatic-Pacific Campaign Medal.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 33 of his WD AGO Form 53-55 the Asiatic Pacific Campaign Medal Campaign Medal; and 



	b.  adding to Item 33 of his WD AGO Form 53-55 the Presidential Unit Citation, Army of Occupation Medal with Japan Clasp, and Asiatic Pacific Campaign Medal with three bronze service stars.



      ___________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)                                         AR20110005939





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ABCMR Record of Proceedings (cont)                                         AR20110005939



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