IN THE CASE OF:	  

		BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110011389 


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 daughter of a deceased former service member (FSM)), requests correction of her father's WD AGO 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Asiatic-Pacific Campaign Medal and the Army of Occupation Medal with Japan Clasp.

2.  The applicant states her father served in Okinawa as well as in the European Theater as a military policeman during World War II.

3.  The applicant provides:

* the FSM's WD Form 372A (Final Payment Worksheet)
* the FSM's WD AGO Form 100 (Separation Qualification Record)
* an NA Form 13137 (Key Punch Operator’s Information Sheet)
* a Veterans Administration (VA) Form 21-3101 (Request for Information)
* a National Archives and Records Administration (NA) Form 13105 (National Personnel Records Center (NPRC) Search Request and Reply)
* an NPRC Finding Aid Report
* her Certificate of Live Birth
* the FSM's Certificate of Death

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 FSM’S record is 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 the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the FSM's
WD AGO Form 53-55 provided by the NPRC.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 17 July 1942, and entered active service on 31 July 1942, at Fort Hayes, OH.  The form contains the following pertinent information:

* Item 6 (Organization) shows Company C, 726th Military Police Battalion
* Item 7 (Date of Separation) shows 18 January 1946
* Item 30 (Military Occupational Specialty) shows Military Policeman  677
* Item 32 (Battles and Campaigns) shows Normandy and Rhineland 
* Item 33 (Decorations and Citations) shows the:

* European African-Middle Eastern Campaign Medal with 2 bronze service stars
* Army Good Conduct Medal
* World War II Victory Medal

* Item 36 (Service Outside Continental United States (OCONUS) and Return) shows the FSM:

*  departed the United States on 15 September 1944 and arrived in the European Theater of Operations (ETO) on an unreadable date
* departed the ETO on 7 July 1945 and arrived in the Asiatic-Pacific Theater of Operations (APTO) on an unreadable date
* departed the APTO on 19 December 1945 and arrived in the United States on an unreadable date


* Item 37 (Total Length of Service) shows he completed 2 years and 13 days of continental service and 1 year, 3 months, and 27 days of foreign service
* Item 38 (Highest Grade Held) shows corporal (CPL)

4.  The FSM’s WD Form 372A shows he returned to the United States on
11 January 1946.  This form also shows his previous organization (or place) as APO 337 (Okinawa).

5.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This document shows the 726th Military Police Battalion was credited with the occupation of Okinawa during the period
15 September 1945 through 5 March 1946.

6.  This pamphlet further shows the unit to which the FSM was assigned was cited for award of the Meritorious Unit Commendation for the period
11 September 1945 through 16 May 1946 by General Order Number 165, issued by Headquarters, USAFWESPAC, dated 20 June 1946.

7.  Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

8.  Army Regulation 600-8-22 states the Asiatic-Pacific Campaign Medal is awarded for service in the APTO 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.

9.  Army Regulation 600-8-22 provides for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American theater of operations, or duty as a crewmember 


aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's WD AGO Form 53-55 should be corrected to show award of the Asiatic-Pacific Campaign Medal and Army of Occupation Medal with Japan Clasp was carefully considered and determined to have merit.

2.  Evidence shows the FSM departed the ETO on 7 July 1945.  The specific date he arrived in the APTO is unknown; however, he departed the APTO on 19 December 1945.  Therefore, it is reasonable to presume the FSM was either assigned or performed temporary duty in theater in order to meet the standard of qualifying service for award of the Asiatic-Pacific Campaign Medal. 

3.  Department of the Army Pamphlet 672-1 credits the FSM's unit with performing occupation duties during his period of service in Okinawa.  It shows his unit was credited with the occupation of Japan during the period
15 September 1945 through 5 March 1946.  The FSM’s record shows he departed the ETO on 7 July 1945 for the APTO and, although the exact date of the FSM's arrival in the APTO is unknown, evidence shows he departed the area on 19 December 1945.  Therefore, it appears the FSM is entitled to the Army of Occupation Medal with Japan Clasp.

4.  The available evidence shows the FSM completed a period of qualifying service for award of the American Campaign Medal.  Therefore, he is entitled to this award and correction of his WD AGO Form 53-55 to show this award.

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 adding to item 33 of the FSM's WD AGO Form 53-55 the:

* American Campaign Medal
* Asiatic-Pacific Campaign Medal
* Army of Occupation Medal with Japan Clasp

2.  The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.



      ____________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)                                         AR20110011389



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ABCMR Record of Proceedings (cont)                                         AR20110011389



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