IN THE CASE OF: 

		BOARD DATE:  23 October 2012

		DOCKET NUMBER:  AR20120004048 


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 promotion to Technician 4th Grade and authorization for the Philippine Independence Medal with bronze service stars.

2.  The applicant states he was recommended for promotion prior to his discharge.

3.  The applicant provides:

* his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* an unsigned letter from 1st Lieutenant G----e R. T------n, dated                16 November 1945
* an internet description of the Philippine Independence Medal (source unknown)
* an unclear photograph of his military insignia and awards.

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 NPRC in 1973.  His records were destroyed, lost, or seriously damaged in that fire.  However, sufficient documents are available to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 1 February 1943 and he entered active service on 8 February 1943.  He completed training as a construction machine operator in the Civil Engineer Corps.  He left the United States on 28 September 1944 and arrived in the Asiatic-Pacific Theater of Operations (APTO) on 22 October 1944.  He subsequently departed the APTO on 23 December 1945 and he arrived back in the United States on 4 January 1946.

4.  On 14 January 1946, he was honorably discharged at demobilization.  The WD AGO Form 53-55 he was issued at the time shows in:

* item 3 (Grade) – Technician 5th Grade
* item 32 (Battles and Campaigns) – New Guinea, Southern Philippines, Luzon
* item 33 (Decorations and Citations) – the:

* Asiatic-Pacific Theater Campaign Ribbon (currently known as the Asiatic-Pacific Campaign Medal)
* American Theater Campaign Ribbon
* Philippine Liberation Ribbon with two bronze service stars
* World War II Victory Medal

5.  The letter provided by the applicant indicated the 1st lieutenant who commanded the signal company to which the FSM was attached (as opposed to assigned) recommended the applicant’s "basic organization" promote him.

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:
	a.  The Philippine Independence Ribbon was awarded to any recipient of both of the Philippine Defense and the Philippine Liberation Ribbon.  There was a brief exception to this requirement when Army Regulation 600-65 (Service Medals), change 2, dated 13 January 1953, authorized award of the Philippine Independence Medal if an individual received either the Philippine Defense or the Philippine Liberation Ribbon.  However, this provision was superseded by Department of the Army Circular 672-1, dated 16 March 1955, that again required award of both the Philippine Defense and the Philippine Liberation Ribbon for award of the Philippine Independence Ribbon.  U.S. Army personnel authorized to wear the Philippine Independence Ribbon under the established criteria may continue to wear the ribbon provided the authority for such wear was recorded before 24 November 1954.

	b.  The Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific Theater of Operations 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.  One bronze service star is authorized for each campaign a member is credited with participating in.

DISCUSSION AND CONCLUSIONS:

1.  The applicant would not necessarily have been promoted just because the commander of the company to which he was attached recommended him for promotion.  He might not have been eligible or his basic organization may not have had a vacant position into which he could have been promoted.  Therefore, there is no basis for granting this portion of his request.

2.  The Philippine Independence Medal was authorized for only a short period of time; however, the applicant did not meet the criteria for the award.  Therefore, there is no basis for granting this portion of his request.

3.  Evidence shows the applicant participated in three campaigns during his service in the APTO that 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 accordingly.  This is an administrative error that does not require action by the Board.  Therefore, administrative correction of the applicant’s 
record will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

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 determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by:

	a.  deleting from his WD AGO Form 53-55 the "Asiatic-Pacific Theater Campaign Ribbon," and

	b.  adding to his WD AGO Form 53-55 the "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)                                         AR20110019221



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ABCMR Record of Proceedings (cont)                                         AR20120004048



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