IN THE CASE OF:	  

		BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140010740 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to reflect all awards and decorations he is entitled to receive, to include:

* World War II Victory Medal
* "Asia Pacific Theatre Medal"
* Army of Occupation Medal
* American Campaign Medal

2.  The applicant states, in effect, some of his awards and decorations were overlooked.

3.  The applicant provides:

* WD AGO Form 53-55
* Honorable Discharge Certificate
* WD AGO Form 100 (Separation Qualification Record)

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 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, the documents provided by the applicant are sufficient to serve in place of reconstructed records.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 3 August 1944.  His WD AGO Form 100 shows he first held military occupational specialty (MOS) 521 (Basic Armored Crewman).  At the time of his discharge, he held the MOS 274 (Editor) and had attained the rank of technician fourth grade.

4.  He was honorably discharged on 9 November 1946.  His WD AGO 
Form 53-55 shows:

	a.  He completed 2 years, 3 months, and 7 days of creditable active service.

	b.  He served in the Pacific Theater of Operations from 11 January 1945 through 4 September 1946 and participated in two campaigns (Southern 
Philippines and Luzon).

	c.  Item 33 (Decorations and Citations) shows he was awarded or authorized the:

* Asiatic Pacific Theater Ribbon (currently known as the Asiatic-Pacific Campaign Medal) with two bronze service stars
* Philippine Liberation Ribbon with two bronze service stars
* Victory Medal (currently known as the World War II Victory Medal)
* Army Good Conduct Medal
* Purple Heart

5.  His WD AGO Form 53-55 shows he was in a passenger status outside the continental limits of the United States for 30 consecutive days from 11 January to 18 February 1945.

6.  Army Regulation 600-8-22 (Military Awards) provides policy and guidance for awards and decorations.

	a.  The American Campaign Medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  This includes permanent assignment outside the continental United States but within the American theater of operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, 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 1 year.

	b.  The Army of Occupation Medal is awarded for 30 consecutive days at a normal post of duty during qualified periods in Germany, Austria, Italy, Japan, or Korea.  For the Army of Occupation Medal of Japan, the qualifying period is between 3 September 1945 and 27 April 1952.  For Japan, the service must have occurred on at least one of the four main islands of Hokkaido, Honshu, Shikoku, and/or Kyushu, and/or the surrounding smaller islands of the Japanese homeland, the Ryukyu and Bonin-Volcano Islands.

	c.  The Asiatic Pacific Theater Ribbon (as shown on the applicant's WD AGO Form 53-55) is now known as the Asiatic-Pacific Campaign Medal.  The Victory Medal (as shown on the applicant's WD AGO Form 53-55) is now known as the World War II Victory Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his WD AGO Form 53-55 to show award of the World War II Victory Medal, "Asia Pacific Theatre Medal," American Campaign Medal, and all other awards and/or decorations he is qualified to receive.

2.  Regarding his request pertaining to the World War II Victory Medal and "Asia Pacific Theatre Medal," both are currently listed on his WD AGO Form 53-55, though represented by slightly different names.  The award shown on his WD AGO Form 53-55 as the Asiatic Pacific Theater Ribbon is now known as the Asiatic-Pacific Campaign Medal.  The award shown as the Victory Medal is now known as the World War II Victory Medal.

3.  Based upon the information available on his WD AGO Form 53-55, the applicant has qualifying service for the American Campaign Medal (11 January 1945 to 18 February 1945).  His WD AGO Form 53-55 should be corrected to show this award.

4.  The only Army of Occupation Medal authorized in the Pacific Theater of Operations is for Japan.  Based upon the information available on his WD AGO Form 53-55, there is insufficient evidence to show he qualifies for award of the Army of Occupation of Japan Medal.  His WD AGO Form 53-55 shows service in and around the Philippines.  There is no mention of having spent 30 or more consecutive days in one of the islands of Japan between 3 September 1945 and 27 April 1952.

5.  Given the available evidence, a review of Army Regulation 600-8-22 does not indicate qualification for any other awards or decorations.

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 American Campaign Medal to his WD AGO Form 53-55.

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 award of the Army of Occupation Medal.



      ______________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)                                         AR20140010740



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ABCMR Record of Proceedings (cont)                                         AR20140010740



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