IN THE CASE OF:	  

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110017826 


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, in effect, correction of her father’s WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show the award of the "Pearl Harbor Survivor’s Medal."

2.  The applicant states the FSM’s original records were lost in the fire of 1973.

3.  The applicant provides:

* the FSM's Certificate of Death
* her mother's Certificate of Death
* her Certificate of Birth
* a photograph of her parents
* a letter from the National Personnel Records Center (NPRC), dated 8 July 2011
* an information sheet on the Pearl Harbor Commemorative Medal
* a history of the 21st Infantry Regiment (Gimlet)
* the FSM's WD AGO Form 53-55 and Honorable Discharge Certificate
* the FSM's WD AGO Form 100 (Separation Qualification Record)

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 complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the FSM’s 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 FSM’s WD AGO Form 53-55 shows in:

* item 6 (Organization), he was assigned to Company K, 21st Infantry Regiment
* item 7 (Date of Separation), he was honorably discharged on
11 November 1945
* item 23 (Date of Enlistment), he enlisted in the Regular Army on 17 April 1940
* item 31 (Military Qualification and Date), he was awarded the:

* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Bayonet Bar

* item 32 (Battles and Campaigns), he participated in the Central Pacific, Leyte, Luzon, New Guinea, and Southern Philippines campaigns
* item 35 (Decorations and Citations), he was awarded the:

* Bronze Star Medal
* Army Good Conduct Medal
* American Defense Service Medal
* Asiatic-Pacific Campaign Medal with 1 bronze arrowhead and 1 silver service star
* World War II Victory Medal


* Distinguished Unit Citation (redesignated as the Presidential Unit Citation (Army) in 1966)
* Philippine Liberation Ribbon with 2 bronze service stars
* Philippine Independence Ribbon
* Philippine Presidential Unit Citation

* item 36 (Service Outside Continental United States and Return), he served in the Asiatic-Pacific Theater of Operations (APTO) from 26 July 1940 to 16 August 1944 and again from 2 December 1944 to an unknown date in 1945 (he returned to the United States on 5 August 1945)

4.  The FSM's WD AGO Form 100 shows he completed infantry training and he served 65 months as a rifleman.

5.  The applicant provided a letter from the NPRC, dated 8 July 2011, that informed her the FSM’s records may have been destroyed in the fire on 12 July 1973.  She was also informed there was no record to show the FSM was authorized the Pearl Harbor Survivors Medal.  She was advised to apply to this Board.

6.  The applicant also provided a history of the 21st Infantry Regiment (Gimlet) and she highlighted the following:

	a.  "On 1 October 1941, the units of the Hawaiian Division formed two triangular divisions.  The regiments of the 21st Infantry Brigade, which included the 21st Infantry Regiment, went to the 24th Infantry Division and the regiments of the 22nd Infantry Brigade went to the 25th Infantry Division."

	b.  "Two months after activation on 7 December 1941, the 24th and
25th Infantry Divisions had the distinction of being the first U.S. Army divisions to see combat in World War II when Japanese aircraft, after bombing and strafing Wheeler Army Air Field…."

7.  The Pearl Harbor Commemorative Medal, also known as the "Pearl Harbor Survivor’s Medal," is a decoration of the U.S. military which was established by the U.S. Congress in 1991.  The medal recognizes veterans of the U.S. military who were present at the Japanese attack on Pearl Harbor, HI which caused the United States of America to enter World War II.  To be awarded the Pearl Harbor Commemorative Medal, a service member must have served on active duty with the U.S. military on 7 December 1941 and must have been present in the geographical region of Pearl Harbor during the attack by Japanese air forces.  This medal is retroactive by design and is not intended to be worn or displayed on a military uniform.  To request the Pearl Harbor Commemorative Medal, a service member or next of kin must submit a DD Form 2567 (copy enclosed with these Proceedings) or a request in the form of a letter addressed to the:

Commander
U.S. Army Human Resources Command
Attention:  AHRC-PDP-A
1600 Spearhead Division Avenue
Fort Knox, KY  440122-5408

8.  The Pearl Harbor Commemorative Medal was minted by the U.S. Mint and is awarded to those personnel who were in Hawaii on 7 December 1941 during the Japanese attack on Pearl Harbor.  The medal is distributed to eligible personnel through the Pearl Harbor Survivors Association.

9.  Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 during World War II.  This regulation stated the decorations or citations and authority for each would be entered in item 33 of the WD AGO Form 53-55.  Authorities for service medals need not be entered.

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It does not show the Pearl Harbor Commemorative Medal as an authorized award for inclusion on a separation document.

DISCUSSION AND CONCLUSIONS:

1.  The FSM served on active duty from 17 April 1940 to 11 November 1945.  He served in the APTO and he was assigned to Company K, 21st Infantry Regiment during this period.

2.  It appears the FSM may be entitled to the Pearl Harbor Commemorative Medal upon application to the Human Resources Command; however, even if approved, it is not authorized for inclusion on the FSM's WD AGO Form 53-55.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  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)                                         AR20110017826



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ABCMR Record of Proceedings (cont)                                         AR20110017826



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