BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130001501 


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 Asiatic-Pacific Campaign Medal.

2.  The applicant states he was attached to a West Virginia National Guard unit in Kodiak, AK, in the Asiatic-Pacific theater of operations (APTO) from 6 September 1943 through 1 February 1944.

3.  The applicant provides:

* self-authored letter to the Army Review Boards Agency
* WD AGO Form 53-55
* Army of the United States Honorable Discharge Certificate
* military notes (résumé)

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 that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 8 March 1943 and he entered active service on 15 March 1943.  His military occupational specialty was 566 (Duty Noncommissioned Officer).  His last unit of assignment was Company D, 346th Infantry Regiment.  He was honorably discharged in the rank of corporal on 7 March 1946 after completing 2 years, 11 months, and 23 days of total active service.

4.  His WD AGO Form 53-55 also contains the following pertinent information:

	a.  Item 31 (Military Qualification and Date) shows award of the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), and Marksman Marksmanship Qualification Badge with Rifle Bar (.30 Caliber).

	b.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns.

	c.  Item 33 (Decorations and Citations) shows he was awarded or authorized the:

* American Theater Service Medal (now known as the American Campaign Medal)
* European-African-Middle Eastern (EAME) Service Medal (now known as the EAME Campaign Medal) with two bronze service stars
* Army Good Conduct Medal
* World War II Victory Medal

	d.  Item 36 shows he arrived in the "ATO" on 6 September 1943 and he departed for the United States on 1 February 1944.  He subsequently served in the European theater of operations from 25 February through 9 July 1945.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or Combat Medical Badge is considered to be a citation in orders for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  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.

	c.  The Army of Occupation Medal with Germany Clasp is awarded for qualifying service between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards and campaign participation credit received by units serving during World War II.  This pamphlet shows that during the applicant's period of assignment, the 346th Infantry Regiment, 87th Infantry Division, was awarded:

	a.  the Meritorious Unit Commendation for the period 11 December 1944 through 11 March 1945 by Headquarters, 87th Infantry Division, in General Orders Number 165, dated 4 June 1945; and

	b.  occupation credit for Germany for the period 20 May through 13 June 1945.



DISCUSSION AND CONCLUSIONS:

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

2.  Although the applicant's WD AGO Form 53-55 shows his service in the "ATO" from 6 September 1943 to 1 February 1944, his statement that he served in Kodiak, AK, is accepted as sufficient evidence to show his service was performed in the APTO, thereby meeting the standard of qualifying service for award of the Asiatic-Pacific Campaign Medal.

3.  The evidence of record shows the applicant was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is authorized award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

4.  The evidence of record shows the applicant was assigned to the 346th Infantry Regiment, 87th Infantry Division, during a period for which the unit was awarded a Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 to show this unit award.

5.  The evidence of record shows the applicant's unit received occupation credit, making him eligible for award of the Army of Occupation Medal with Germany Clasp.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 to show this medal.

BOARD VOTE:

__X___  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; and

	b.  adding the following awards to his WD AGO Form 53-55:

* Bronze Star Medal
* Asiatic-Pacific Campaign Medal
* Army of Occupation Medal with Germany Clasp
* Meritorious Unit Commendation



      __________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)                                         AR20130001501



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ABCMR Record of Proceedings (cont)                                         AR20130001501



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