BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130015846 


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, the son of a deceased former service member (FSM), requests the Asiatic-Pacific Campaign Medal be added to his late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge). 

2.  The applicant states his father's service record clearly shows he served in the New Guinea and Luzon Philippines campaigns between 1941 and 1945 making him eligible for this recognition. 

3.  The applicant provides:

* WD AGO Form 53-55
* FSM's death certificate
* His birth certificate

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 FSM was inducted into the Army of the United States on 20 May 1941.  He served in the Asiatic-Pacific Theater of Operations from 26 September 1943 to 28 October 1945.  He was honorably discharged on 8 December 1945.   

3.  His WD AGO Form 53-55 shows he was awarded or authorized the:

* Good Conduct Medal
* American Defense Service Medal
* Philippine Liberation Ribbon with one bronze star
* Combat Infantryman Badge on 11 July 1944

4.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he served in two campaigns (New Guinea and Luzon) during his assignment in the Asiatic-Pacific theater of operations.  His WD AGO Form 53-55 also shows he served 1 year, 9 months and 13 days of continental service from 7 December 1941 to 19 September 1943.  

5.  Army Regulation 600-8-22 (Military Awards) states the Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific theater of operations 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.

6.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided that the Bronze Star Medal was 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 the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

7.  Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 
2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

8.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

9.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed in item 32 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's WD AGO Form 53-55 shows he served in the Asiatic-Pacific Theater of Operations from 26 September 1943 to 28 October 1945 and participated in two campaigns.  Therefore, he is entitled to award of the Asiatic-Pacific Campaign Medal with two bronze service stars and his WD AGO Form 53-55 should be corrected to show this award.    

2.  Based on award of the Combat Infantryman Badge, the FSM is eligible for award of the Bronze Star Medal.  Therefore, he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award.
  
3.  He served a period of qualifying service for award of the American Campaign Medal based on active duty service within the continental United States from 
7 December 1941 and 19 September 1943.  Therefore, his WD AGO Form 53-55 should be corrected to show this medal.
  
4.  The FSM served a period of qualifying service for award of the World War II Victory Medal.  Therefore, his WD AGO Form 53-55 should be corrected 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 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:

	a.  awarding him the Bronze Star Medal effective 11 July 1944 based on award of the Combat Infantryman Badge;

	b.  adding the Asiatic-Pacific Campaign Medal with two bronze service stars, Bronze Star Medal, American Campaign Medal, and World War II Victory Medal to his WD AGO Form 53-55; and

	c.  issuing the appropriate medals to the applicant.



      _______ _   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)                                         AR20130015846



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ABCMR Record of Proceedings (cont)                                         AR20130015846



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