IN THE CASE OF: 

		BOARD DATE: 27 June 2013

		DOCKET NUMBER:  AR20120021811 


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 award of the Army of Occupation Medal with Japan Clasp.

2.  The applicant states that:

	a.  He received the medals that are listed on his discharge document, but there is no mention of his duty in Japan.

	b.  The 7th Base Post Office was the main post office in the Southwest Pacific and was in Manila when the war came to an end.  It was immediately shipped to Yokohama with the Army of Occupation.  

3.  The applicant provides copies of the mail envelopes he sent to his wife.  The different APO numbers and postmarks showing the dates are all the proof he has that he served in Japan and is entitled to the Army of Occupation Medal with Japan Clasp.

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 military records were not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed his records were lost 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 applicant's WD AGO Form 53-55 shows that he:

	a.  was inducted into the Army of the United States on 31 October 1942 and entered into active duty on 14 November 1942;  

	b.  served as a Postal Clerk;

	c.  participated in the New Guinea and Luzon campaigns;

	d.  was awarded the Army Good Conduct Medal, Asiatic Pacific Theater Ribbon, Philippine Liberation Ribbon, and World War II Victory Medal, and issued the Army Lapel Button;

	e.  served outside the Continental United States in Australia from 10 October 1943 to 23 December 1945; and

	f.  was honorably discharged on 14 January 1946 at Fort George G. Meade, Maryland.

4.  He provides copies of six envelopes he claims he mailed to his wife while he was in New Guinea, Manila, and Yokohama, Japan.  Four of the envelopes are postmarked from the 7th Base Post Office and show his return address as 7th Base Post Office, APO 503, c/o PM, San Francisco, California.  A notation "Yokohama" has been added on each, apparently with a felt tipped pen. 

5.  Army Regulation 600-8-22 (Military Awards) states that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the four main islands of Hokkaido, Honshu, Shikoku, and Kyushu, the surrounding smaller islands of the Japanese homeland, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) does not list the 7th Base Post Office as entitled to occupation credit for Japan.

DISCUSSION AND CONCLUSIONS:

1.  The envelopes provided by the applicant all show the same return address.  Unfortunately, according to Department of the Army Pamphlet 672-1 the 7th Base Post Office is not authorized occupation credit.  There is no available evidence shows that he served a qualifying period of service for award of the Army of Occupation with Japan Clasp.

2.  In view of the above, the applicant's request should be denied.

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)                                         AR20120013572



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ABCMR Record of Proceedings (cont)                                         AR20120021811



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