IN THE CASE OF:
BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130016462
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 record to show award of the China Service Medal.
2. The applicant states he was in Konming, China from 2 September 1945 to 1 October 1945.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and pages from a U.S. Navy website describing the China Service Medal.
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. His WD AGO Form 53-55 shows:
* he was inducted into the Army of the United States and entered active duty on 27 November 1942
* he served in the Asiatic-Pacific theater of operations from 20 February 1945 to 15 February 1946
* his rank as staff sergeant
* he was honorably discharged on 22 March 1946
3. His record does not show he was awarded the China Service Medal.
4. He provides pages from a U.S. Navy website showing the China Service Medal was issued by the Navy, Marine Corps, and Coast Guard for commemorative purposes.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It does not list the China Service Medal as an authorized award.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence showing the applicant was awarded the China Service Medal by the Navy.
2. There is no provision for the Board to award Navy decorations. As such, there is no basis for granting the applicant's request.
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 that 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) AR20130016462
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ABCMR Record of Proceedings (cont) AR20130016462
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