IN THE CASE OF:	   

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20140018336 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show he was awarded the Bronze Star Medal and the Asiatic Pacific Campaign Medal with three bronze service stars.

2.  The applicant states the Bronze Star Medal was awarded to him after his release from active duty and his WD AGO Form 53-55 was never corrected to reflect this award.  Additionally, there are bronze service stars missing from his Asiatic Pacific Campaign Medal.  

3.  The applicant provides a copy of his WD AGO Form 53-55 and copies of:

* General Orders (GO) Number 86, issued by Headquarters, Americal Division on 10 June 1945
* his Bronze Star Medal Citation, dated 10 June 1945
* a letter from the War Department, The Adjutant General's Office, dated 
20 December 1945
* two letters from the Army Service Forces, Headquarters, First Service Command, dated 13 March 1946 and 28 March 1946

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, his record did contain his WD AGO Form 53-55 and the applicant provided sufficient documents to conduct a fair and impartial review of this case.

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States in Chelsea, MA and entered active duty on 4 March 1941.  He held military occupational specialty 405 (Clerk Typist) and attained the grade of technician five.

	a.  He departed the continental United States (CONUS) on 23 January 1942 and arrived in the Asiatic Pacific Theater on 26 February 1942.  When his tour of duty ended, he departed the Asiatic Pacific Theater on 10 June 1945 and arrived in CONUS on 28 June 1945.

	b.  He was assigned to Headquarters Company, Special Troops, Americal Division and qualified as a marksman with his rifle.

	c.  He participated in the North Solomons, Southern Philippines, and Guadalcanal campaigns and was awarded or authorized the Army Good Conduct Medal, American Defense Service Medal, Asiatic Pacific Campaign Medal, Philippine Liberation Ribbon with one bronze service star, and the Honorable Service Lapel Button.

	d.  He was honorably separated from active duty on 9 July 1945 after completing 4 years, 4 months, and 6 days of active service, of which 3 years,      5 months, and 6 days were credited as foreign service. 

4.  He provided GO Number 86, issued by Headquarters, Americal Division on    10 June 1945, which awarded him the Bronze Star Medal for meritorious service in connection with military operations against the enemy in the Philippine Islands from 26 January to 29 May 1945.
5.  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 Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during WWII.  This pamphlet shows, his unit, Headquarters Company, Special Troops, Americal Division was cited for:

	a.  award of the Philippine Presidential Unit Citation for the period 
7 December 1941 to 10 May 1942 or 17 October 1944 to 5 July 1945, by DAGO Number 47, dated 1950; and 

	b.  participation in the Leyte, Northern Solomons, Southern Philippines campaigns.

6.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Asiatic Pacific Campaign Medal, for each credited campaign.  

7.  Army Regulation 600-8-22 states the World War II Victory Medal was established by the act of Congress 6 July 1945 (59 Stat 461).  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal; therefore, he is entitled to correction of his WD AGO Form 53-55 to add this award.  

2.  He served a period of qualifying service for the World War II Victory Medal; therefore, he is entitled to correction of his WD AGO Form 53-55 to add this award.

3.  The evidence of record shows that during his service his unit participated in three campaigns.  Therefore he is entitled to have three bronze service stars affixed to his previously awarded Asiatic Pacific Campaign Medal.

4.  General orders awarded his unit the Philippine Presidential Unit Citation.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to add this unit award.  





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 amending his WD AGO Form 53-55 by deleting the Asiatic Pacific Campaign Medal and adding the:

* Bronze Star Medal
* World War II Victory Medal
* Asiatic Pacific Campaign Medal with three bronze service stars 
* 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)                                         AR20140018336





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018336



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1