IN THE CASE OF:	  

		BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130015247 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all awards and decorations to which he may be entitled, including the Asiatic-Pacific Campaign Medal and the following marksmanship qualification badges:

* .30 caliber air/water-cooled machine gun
* 37 millimeter anti-tank gun
* 2.5 millimeter rocket launcher (bazooka)
* M-19 Browning Automatic Rifle (BAR)
* .45 caliber Automatic Colt Pistol (ACP)
* M-1 .45 caliber Thompson submachine gun
* M-3 .45 caliber submachine gun (grease gun)
* M-1 Garand rifle
* M-1 .30 caliber carbine
* hand grenade

2.  The applicant states:

* his DD Form 214 does not show all the decorations and badges he warrants
* these items were not mentioned because he completed his basic training in Schofield Barracks in Hawaii during World War II
* he was a member of the 1st Filipino Infantry Regiment and later a member of the 867th Anti-Aircraft Artillery Automatic Weapons Battalion during World War II
* during the Korean war he was attached to Company B, 35th Infantry Regiment, 25th Infantry Division

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* DD Form 214

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 complete 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  His WD AGO Form 53-55 shows:

* he had prior service in the Army of the United States from 12 March 1945 to 15 January 1946 – the available records do not contain a discharge document for this period of service
* he enlisted in the Regular Army on 16 January 1946
* he served in the Asiatic-Pacific theater of operations (inclusive dates unknown)
* no battles or campaigns
* no marksmanship badges
* he was honorably discharged on 23 July 1947
* he was awarded the World War II Victory Medal

4.  A Veterans Administration Form 3101 (Request for Army Information), dated 15 April 1948, states he was inducted into the Army of the United States and reported for active duty on 12 March 1945.  He was honorably discharged on 15 January 1946 to enlist in the Regular Army.  The available records do not contain a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement) for this period of service.

5.  His DD Form 214 for the period ending 11 August 1952 shows he reenlisted on 24 September 1948 following an involuntary 1-year extension on active duty.  He entered this period of active duty in the rank of private first class and he was honorably discharged in the rank of sergeant.  He completed 3 years, 10 months, and 18 days of net active service during this period including 2 years, 4 months, and 24 days of foreign service that included service in Japan and Korea.

6.  His DD Form 214 also shows he was awarded or authorized the:

* Army of Occupation Medal with Japan Clasp
* Korean Service Medal with five bronze service stars
* Bronze Star Medal
* Combat Infantryman Badge (2nd Award)
* Republic of Korea Presidential Unit Citation
* one overseas service bar

7.  There is no evidence of record and the applicant provided no evidence showing he qualified for any marksmanship qualification badges.

8.  Army Regulation 600-8-22 (Military Awards) states the Asiatic-Pacific Campaign Medal was awarded for service in the Asiatic-Pacific theater of operations between 7 December 1941 and 2 March 1946.  Qualifying service for this award included permanent assignment in the theater, service in a passenger status or on temporary duty 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.

9.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

10.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual qualified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows he served in the Asiatic-Pacific theater of operations.  Although his inclusive dates of service are not available, it is reasonable to presume he participated in at least one campaign during World War II.  Therefore, he is authorized award of the Asiatic-Pacific Campaign Medal with one bronze service star and his DD Form 214 should be corrected to show this award.
 
2.  Since there is no evidence of record and the applicant provided no evidence showing he qualified for any marksmanship qualification badges, there is insufficient evidence on which to base adding any marksmanship qualification badges to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Asiatic-Pacific Campaign Medal with one bronze service star to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 


much of the application that pertains to adding any marksmanship qualification badges to his DD Form 214.



      _____________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)                                         AR20130015247



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ABCMR Record of Proceedings (cont)                                         AR20130015247



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