IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120020628 


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 he participated in the Philippine campaign.

2.  The applicant states he participated in the Philippine campaign from the summer of 1945 to 5 December 1945.

3.  The applicant provides a copy of his WD AGO Form 53-55.

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 service 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 that the applicant's records were lost or destroyed in that fire.  However, there are sufficient records in a reconstructed record 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 on 28 January 1943, entered active duty on 4 February 1943, and was honorably discharged on 9 January 1946.  He completed 5 months and 25 days of continental service; 2 years, 5 months, and 11 days of foreign service; and he was credited with 2 years, 11 months, and 12 days of total service.  It also shows in:

	a.  item 6 (Organization):  Headquarters Company, Allied Forces Western Pacific;

	b.  item 32 (Battles and Campaigns):  New Guinea;

   c.  item 33 (Decorations and Citations):

* Asiatic-Pacific Theater Service Ribbon
* Army Good Conduct Medal

   d.  item 36 (Service Outside Continental United States (CONUS) and Return):

* CONUS - departed 22 July 1943
* Southwest Pacific Theater of Operations (SWPTO)

* arrived - 5 December “1945”
* departed - "Unknown" 1945

* CONUS - arrived 2 January 1946

4.  A WD Form 372A (Final Payment - Work Sheet) pertaining to the applicant shows, in pertinent part:

* Date of Transfer:  1 January 1946
* Previous Organization:  736th Antiaircraft Artillery Gun Battalion
* Arrived United States:  2 January 1946
* Discharged On:  9 January 1946

5.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
	a.  The Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946; and

   b.  A bronze service star will be worn on the service medal based on qualifying service for each campaign listed in Appendix B of the regulation, 
It does not list a "Philippine" campaign.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in World War II. 
   
   a.  It contains a list of World War II campaigns and it shows, in pertinent part, the following campaigns:

* New Guinea (24 January 1943 - 31 December 1944)
* Southern Philippines (27 February 1945 - 4 July 1945)

   b.  The pamphlet does not show that Headquarters Company, Allied Forces Western Pacific or the 736th Antiaircraft Artillery Gun Battalion participated in the Southern Philippines campaign.

7.  Army Regulation 600-8-22 shows the World War II Victory Medal is awarded for  service between 7 December 1941 and 31 December 1946, both dates inclusive.  

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served in the SWPTO and he was assigned to Headquarters Company, Allied Forces Western Pacific, and the 736th Antiaircraft Artillery Gun Battalion.

2.  The evidence of record shows he was awarded the Asiatic-Pacific Campaign Medal and that he is entitled to wear one bronze service star on the service medal for his participation in the New Guinea campaign.

3.  There is no evidence of record that shows either of the units the applicant was assigned to while in the SWPTO participated in the Southern Philippines campaign.  Therefore, he is not entitled to correction of his records to show the campaign.

4.  Evidence shows that the applicant's records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant's records 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 administrative errors 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 adding the World War II Victory Medal and one bronze service star for wear on his Asiatic-Pacific Campaign Medal to item 33 of 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)                                         AR20120020628



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120020628



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1