IN THE CASE OF:
BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20130009795
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 and Army of Occupation Medal for Germany, Italy, Austria, Korea, and Japan.
2. The applicant states the medals were not listed on his WD AGO Form 53-55.
3. The applicant provides 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 records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered based on his WD AGO
Form 53-55.
3. His WD AGO Form 53-55 shows the following pertinent information:
* he was inducted into the Army of the United States on 22 January 1946
* he was assigned to Company A, 52d Signal Battalion
* he served in the Asiatic-Pacific theater of operations (APTO) from 28 November 1946 until his departure en route to the continental United States (CONUS) on 8 February 1947
* he served a total of 10 months and 23 days in CONUS
* he served a total of 3 months and 19 days outside CONUS
* he was honorably discharged on 3 April 1947 after completing a total of 1 year, 2 months, and 12 days of active military service
4. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 does not show he participated in any battles or campaigns.
5. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded or authorized the World War II Victory Medal.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Asiatic-Pacific Campaign Medal is awarded for service in the APTO between 7 December 1941 and 2 March 1946.
b. The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty for the following locations and periods:
* Germany (9 May 1945 to 5 May 1955)
* Austria (9 May 1945 to 27 July 1955)
* Berlin (9 May 1945 to 2 October 1945)
* Italy (9 May 1945 to 15 September 1947)
* Japan (3 September 1945 to 27 April 1952)
c. The Army of Occupation Medal-Korea is awarded for service of 30 consecutive days at a normal post of duty while assigned to the Republic of Korea between 3 September 1945 and 29 June 1949, inclusive. 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.
7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) does not cite Company A, 52d Signal Battalion, for occupation credit for any country.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant served in the APTO from 28 November 1946 to 8 February 1947 which was after the authorized period of service for award of the Asiatic-Pacific Campaign Medal. Therefore, he is not entitled to correction of his WD AGO Form 53-55 to show this award.
2. There is no evidence of record and the applicant has not provided any evidence showing he served in a unit that was awarded occupation credit during his period of service. In view of the foregoing, there is insufficient evidence to correct his WD AGO Form 53-55 to show award of the Army of Occupation Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
______________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) AR20130009795
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ABCMR Record of Proceedings (cont) AR20130009795
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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