IN THE CASE OF:	  

		BOARD DATE:	  21 November 2013

		DOCKET NUMBER:  AR20130006722 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show all of the awards he is entitled to receive.

2.  The applicant states, in effect, that his WD AGO Form 53-55 does not show all of the medals and ribbons he and his unit are entitled to receive.

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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.

3.  The WD AGO Form 53-55 provides the following:

* entry onto active duty on 28 November 1942 
* discharge from active duty on 18 October 1945
* service in the Asiatic-Pacific Theater from 31 December 1943 through 2 October 1945 with the 708th Amphibian Tank Battalion
* service in the military occupational specialty of 795, tank commander
* participation in the Ryukyus, Southern Philippians, Eastern Mandates, and the Western Pacific campaigns
* qualification as an expert with the Thompson submachine gun and as a sharpshooter with the carbine
* award of the Purple Heart with Oak Leaf Cluster, Good Conduct Medal, and the Asiatic-Pacific Campaign Medal

4.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register shows the 708th Amphibian Tank Battalion is credited with participation in four campaigns.  It further shows that portions of this unit received credit for nine assault landings (only two were awarded to the entire unit), one Navy Unit Commendation, two Navy Presidential Unit Citations, and occupation credit for Japan.

5.  Army Regulation 672-5-1 provides that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  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.

6.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 within the continental limits of the United States for an aggregate period of 1 year.
   
   b.  The World War II Victory Medal was established by the act of Congress  on 6 July 1945.  It is awarded for service between 7 December 1941 and          31 December 1946, both dates inclusive.
   
   c.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's WD AGO 53-55 the applicant is shown to have participated in four campaigns.  
   
   d.  a bronze arrowhead is authorized for wear on the appropriate service or campaign medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Only one arrowhead will be worn on any ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served within continental limits of the United States for an aggregate period of 1 year and is authorized the American Campaign Medal.  It is appropriate to add this medal to his authorized awards.

2.  The applicant was honorably discharged from active duty during the period the WW II Victory Medal was authorized.  It is appropriate to add this medal to his authorized awards.

3.  The applicant's unit was awarded one Navy Unit Commendation, two Navy Presidential Unit Citations, and the Army of Occupation Medal (Japan) which are not reflected on his WD AGO 53-55.  It is appropriate to correct this oversight.

4.  The applicant is shown to have participated in four campaigns and is authorized to wear four bronze service stars on his Asiatic-Pacific Campaign Medal.

5.  Different components of the 708th Amphibian Tank Battalion were awarded assault landing credit on nine occasions with two of the assaults including the entire battalion.  The applicant is therefore entitled to wear a bronze arrowhead device on his Asiatic-Pacific Campaign Medal.  

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 showing that in addition to the awards on the WD AGO Form 53-55 the applicant is also authorized award of the:

* Army of Occupation Medal (Japan)
* American Campaign Medal
* WW II Victory Medal
* one Navy Unit Commendation
* two Navy Presidential Unit Citations
* four bronze service stars and an arrowhead device to be worn on his Asiatic-Pacific Campaign Medal 




      _______ _   __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)                                         AR20130006722





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ABCMR Record of Proceedings (cont)                                         AR20130006722



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