IN THE CASE OF:	  

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140000804 


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 a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Asiatic-Pacific Campaign Medal with three bronze service stars.

2.  The applicant states the FSM is entitled to two additional bronze service stars based on his participation in the Luzon and Southern Philippines campaigns.  

3.  The applicant provides a WD AGO Form 53-55 and birth and death certificates.  

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'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 that his records were lost or destroyed in that fire.  This case is being considered based on his WD AGO Form 53-55.  

3.  The FSM's WD AGO Form 53-55 shows:

	a.  He was inducted into the Army and he entered active service on 16 May 1942.

	b.  His arm of service was combat engineer and his military occupational specialty was 316 (Automobile Serviceman).

	c.  He was assigned to the 198th Engineer Dump Truck Company.

	d.  He served 11 months and 5 days of continental United States service and 2 years and 4 months of foreign service.

	e.  He served in the Asiatic-Pacific theater of operations from 2 May 1943 to 
on or around the beginning August 1945.

	f.  He participated in the New Guinea campaign.

	g.  He was awarded or authorized the Asiatic-Pacific Theater Ribbon (correctly known as the Asiatic-Pacific Campaign Medal) with one bronze service star and the Army Good Conduct Medal.  

	h.  He was honorably discharged on 20 August 1945.

4.  The WD AGO Form 53-55 is a combination of the discharge certificate and the report of separation.  The discharge certificate section of the FSM's WD AGO Form 53-55 includes an official statement indicating the FSM is entitled to two additional battle stars (correctly known as bronze service stars) for participation in the Luzon (15 December 1944-4 July 1945) and the Southern Philippines 
(27 February-4 July 1945) campaigns.  

5.  Army Regulation 600-8-22 (Military Awards) states:

	a.  A bronze service star is worn on the appropriate service ribbon, to include the Asiatic-Pacific Campaign Medal, for each credited campaign.  

	b.  The World War II Victory Medal is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.
6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credit for World War II.  This pamphlet shows the 198th Engineer Dump Truck Company was awarded the Meritorious Unit Commendation for service during the period 29 January 1945 to 22 March 1946 and the Philippine Presidential Unit Citation for service during the period 17 October 1944 to 4 July 1945.  

DISCUSSION AND CONCLUSIONS:

1.  The FSM was awarded the Asiatic-Pacific Campaign Medal with one bronze service star; however, his WD AGO Form 53-55 includes an official statement indicating he is entitled to two additional bronze service stars based on participation in the Luzon and Southern Philippines campaigns.  Therefore, item 32 (Battles and Campaigns) of his WD AGO Form 53-55 should be corrected by adding the Luzon and Southern Philippines campaigns and item 33 (Decorations and Citations) of his WD AGO Form 53-55 should be corrected to show the Asiatic-Pacific Campaign Medal with three bronze service stars.

2.  The FSM served a period of qualifying service for award of the World War II Victory Medal.  Therefore, this award should be added to his WD AGO Form 
53-55.

3.  The evidence of record shows the FSM was assigned to the 198th Engineer Dump Truck Company during the time this unit was awarded the Meritorious Unit Commendation and the Philippine Presidential Unit Citation.  Therefore, his WD AGO Form 53-55 should be corrected to show these unit awards.

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.  adding to item 32 of his WD AGO Form 53-55 the Luzon and Southern Philippine campaigns;

	b.  deleting from item 33 of his WD AGO Form 53-55 the Asiatic-Pacific Theater Ribbon with one bronze service star; and

	c.  adding to item 33 of his WD AGO Form 53-55 the Asiatic-Pacific Campaign Medal with three bronze service stars, World War II Victory Medal, Meritorious Unit Commendation, and the Philippine Presidential Unit Citation.  




      _______ _   _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)                                         AR20140000804



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ABCMR Record of Proceedings (cont)                                         AR20140000804



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