BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110021456 


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:

* Award of the Army of Occupation Medal with Japan Clasp
* In item 6 (Organization) the 25th Infantry Division in addition to the 27th Infantry Regiment

2.  He further requests issuance of the Philippine Liberation Ribbon.

3.  The applicant states:

	a.  He was involved in the liberation of the Philippines and the 27th Infantry Regiment, 25th Infantry Division, was the first to land in Japan.  His platoon was in charge of destroying all the weapons.  He is not being given credit for the occupation of Japan.

	b.  His WD AGO Form 53-55 only shows the 27th Infantry Regiment; however, the 27th Infantry Regiment was part of the 25th Infantry Division and he wants it added to his WD AGO Form 53-55.  He was a platoon sergeant at the age of 20 and he was one of the youngest platoon sergeants in the Army at the time.  His unit should be corrected on his WD AGO Form 53-55.

	c.  He was not sent the medal of the Liberation of the Philippines.


4.  The applicant provides his WD AGO Form 53-55 and his Honorable Discharge Certificate.

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, the applicant provided his WD AGO Form 53-55 which is sufficient 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 29 July 1943 and he entered active duty on 29 July 1943 at Fort MacArthur, CA.  This form also shows at the time of separation he held military occupational specialty 1607 (Platoon Sergeant) and he was assigned to the 27th Infantry Regiment.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 12 February 1944 and he arrived in the Asiatic-Pacific Theater of Operations (APTO) on 3 March 1944.  He departed the APTO on 19 January 1946 and arrived back in CONUS on 5 February 1946.

5.  He was honorably discharged on 26 February 1946 at Fort MacArthur.  He completed 6 months and 13 days of continental service and 1 year, 11 months, and 24 days of foreign service.

6.  The WD AGO 53-55 he was issued shows in:

* Item 6 the entry "27th Infantry Regiment"


* Item 32 (Battles and Campaigns) he participated in the Luzon campaign

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

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

8.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Asiatic-Pacific Campaign Medal.  It states that a bronze service star is authorized with this award for each campaign a member is credited with participating in.  During the applicant's service in the APTO he participated in the Luzon campaign (15 December 1944 - 4 July 1945).

9.  Army Regulation 600-8-22 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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty for World War II.  This pamphlet does not show that the 27th Infantry Regiment, 25th Infantry Division, received occupation credit for Japan during World War II.

11.  Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service.  It stated for item 6 of the WD AGO Form 53-55, enter the last unit or similar element to which the Soldier was assigned.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was assigned to the 27th Infantry Regiment, 25th Infantry Division, during his service in World War II.  Therefore, his WD AGO Form 53-55 should be corrected to show his complete unit of assignment.


2.  His WD AGO Form 53-55 confirms he participated in one campaign while serving in World War II.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Asiatic-Pacific Campaign Medal and correction of his WD AGO Form 53-55 accordingly.

3.  With respect to the Army of Occupation Medal with Japan Clasp, the evidence of record does not show the 27th Infantry Regiment, 25th Infantry Division, received occupation credit for Japan.  Notwithstanding the applicant's sincerity, in the absence of evidence that shows he had qualifying service for this award, there is an insufficient evidentiary basis for granting this portion of the applicant's request.

4.  The applicant and all others concerned should know that the sacrifices made by the applicant in service to our Nation is greatly appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_  ___x_____  ___x_____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from item 6 of his WD AGO Form 53-55 the entry "27th Infantry Regiment" and replacing it with the entry "27th Infantry Regiment, 25th Infantry Division"
* deleting from item 33 of his WD AGO Form 53-55 the Asiatic-Pacific Campaign Medal and replacing it with the entry Asiatic-Pacific Campaign Medal with one bronze service star
* issuing him the Asiatic-Pacific Campaign Medal with one bronze service star and the Philippine Liberation Ribbon


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Army of Occupation Medal with Japan Clasp to 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)                                         AR20110021456



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ABCMR Record of Proceedings (cont)                                         AR20110021456



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