IN THE CASE OF:	  

		BOARD DATE:	   30 April 2015

		DOCKET NUMBER:  AR20140016093 


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 the WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) of his deceased father, a former service member (FSM), be corrected to show his unit awards during World War II.

2.  The applicant provided a follow-on email in which he keyed on the Army Commendation Medal, Army of Occupation Medal (Japan), and Presidential Unit Citation, in addition to any other awards or decorations.

3.  The applicant states World War II awards were issued during the New Guinea, South Philippines Liberation, and Luzon campaigns to units for service during the period 28 May 1943 to 6 January 1946.  These awards are not noted on his father's WD AGO Form 53-55.  Various veterans who served with his father received their awards.  His father was one of General MacArthur's body guards and was present at the time the Japanese signed the instrument of surrender on 2 September 1945.  He is trying to make a shadow box in honor of his father.  He needs this Board to correct the record. 

4.  The applicant provides:

* his certificate of birth
* FSM's WD AGO Form 53-55
* FSM's certificate of death
* FSM's Honorable Discharge Certificate
* Japan surrender documents  

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 records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed that his 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.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 21 May 1943 and he entered active service at Camp Grant, IL, on 28 May 1943.  This form also shows at the time of separation he held military occupational specialty (MOS) 345 (Light Truck Driver) and he was assigned to Company B, Headquarters Battalion, General Headquarters.

4.  His WD AGO Form 53-55 also shows he departed the continental United States (CONUS) on 18 October 1943 and arrived in the Pacific Theater of Operations (PTO) on 10 November 1943.  He departed the PTO on 9 December 1945 and arrived back in CONUS on 25 December 1945. 

5.  His WD AGO Form 100 (Separation Qualification Record) shows he was assigned as General MacArthur's personal guard during combat operations. 

6.  He was honorably separated at Camp Grant, IL, on 6 January 1946.  He completed 5 months and 1 day of continental service and 2 years, 2 months, and 8 days of foreign service.  His WD AGO Form 53-55 shows in: 

* Item 31 (Military Qualification and Date) – None
* Item 32 (Battles and Campaigns), he participated in the New Guinea, South Philippines Liberation, and Luzon campaigns
* Item 33 (Decorations and Citations) and item 55 (Remarks), he was awarded or authorized:
* 4 overseas service bars
* Asiatic-Pacific Theater Ribbon with 3 bronze service stars
* Philippine Liberation Ribbon with 1 bronze service star
* Good Conduct Medal
* Distinguished Unit Badge
* World War II Victory Medal
* Army Lapel Button

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation credit for World War II and the Korean War.  This pamphlet shows General Headquarters, Southwest Pacific Area, was awarded the Philippine Presidential Unit Citation for service from 17 October 1944 to 4 July 1945 by Department of the Army General Orders Number 47, dated 1950. 

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

9.  His available records do not contain a recommendation or orders for award of the Army Commendation Medal. 

10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  Army Regulation 600-8-22 states that for award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

	d.  The Presidential Unit Citation (previously known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

11.  Title 10, U.S. Code (USC), section 1130, allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, the applicant must submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify the applicant's unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638.  In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

12.  Title 10, USC, section 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.   Therefore, the applicant must submit his request through a Member of Congress who will send it to HRC, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's unit during World War II was awarded the Philippine Presidential Unit Citation.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show this award. 

2.  With respect to the Army of Occupation Medal:

	a.  This medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.
	b.  The FSM served in the PTO from 10 November 1943 to 9 December 1945.  Although there is no evidence the FSM's unit was awarded occupation credit in Japan, based on the fact that the FSM was assigned as General MacArthur's personal guard during combat operations, it is presumed he met the 30-day criteria of service in the Japanese home islands, the Ryukyu Islands, or the Bonin-Volcano Islands between 3 September 1945 and his departure from the PTO on 9 December 1945.  Therefore, he is entitled to award of the Army of Occupation Credit with Germany Clasp and correction of his WD AGO Form 
53-55 to show this medal.

3.  The Presidential Unit Citation was previously known as the Distinguished Unit Citation until 3 November 1966.  This award is already listed on his WD AGO Form 53-55 as the Distinguished Unit Badge.

4.  The FSM was awarded the Asiatic-Pacific Theater Ribbon.  He also participated in three campaigns during World War II.  As such, he was authorized three bronze service stars to be affixed to his Asiatic-Pacific Theater Ribbon.  There are no specific awards for participating in those three campaigns other than the bronze service stars.

5.  With respect to the Army Commendation Medal: 

	a.  The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  The FSM's sincerity and service in WWII are not in question.  However, in the absence of official orders, there is insufficient evidence to correct his WD AGO Form 53-55 to show award of Army Commendation Medal.

	b.  Nevertheless, while the available evidence is insufficient for awarding the FSM the Army Commendation Medal, this in no way affects the applicant's right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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 adding to item 33 of the FSM's WD AGO Form 53-55 the Philippine Presidential Unit Citation and the Army of Occupation Medal with Japan Clasp.

2.  The Board further determined that 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 the Army Commendation Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices the FSM made in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20140016093



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ABCMR Record of Proceedings (cont)                                         AR20140016093



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