BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130009205
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 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Asiatic-Pacific Campaign Medal.
2. The applicant states he was issued the Asiatic-Pacific Campaign Medal but it was not added to his WD AGO Form 53.
3. The applicant provides no additional documents with his application.
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant and those contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army in New Orleans, LA on 14 April 1946 for a period of 18 months. He completed his training as a personnel technician and he departed the United States on 21 August 1946 en route to the Asiatic-Pacific Theater of Operations (APTO). He arrived in the APTO on
5 September 1946.
4. On 5 August 1947, he departed the APTO en route to the United States. On 18 August 1947, he was transferred to Fort Lawton, WA where he was honorably discharged on 23 September 1947. He completed 5 months and 12 days of continental service and 11 months and 24 days of foreign service. His WD AGO Form 53 shows he was awarded the World War II Victory Medal and the Army of Occupation Medal with Japan clasp.
5. Army Regulation 600-8-22 (Military Awards) states the Asiatic-Pacific Campaign Medal is awarded for service in the APTO for service between
7 December 1941 and 2 March 1946 (emphasis added). 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the Asiatic-Pacific Campaign Medal should be added to his WD AGO Form 53 has been noted.
2. The Asiatic-Pacific Campaign Medal was authorized for service in the APTO between 7 December 1941 and 2 March 1946. However, the applicant did not depart for the APTO until 21 August 1946, which was well after the closing date for award of that medal.
3. Therefore, in the absence of evidence to show otherwise there is no basis for granting the applicant's requested relief.
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 wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20130009205
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ABCMR Record of Proceedings (cont) AR20130009205
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