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Decision Text

ARMY | BCMR | CY2001 | 2001053600C070420
Original file (2001053600C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 19 JULY 2001
         DOCKET NUMBER: AR2001053600


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Mark D. Manning Chairperson
Mr. Lester Echols Member
Ms. Gail J. Wire Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) reflect award of the Army of Occupation Medal, the American Campaign Medal, and other medals to which he is entitled.

3. The applicant states that he had the required period of service to be entitled to those awards.

4. The applicant’s military records show that he entered on active duty on 7 January 1944, departed for overseas arriving on 12 July 1944, and returned to the United States on 18 March 1946. He had 5 months and 28 days of service in the United States, and 1 year, 8 months, and 19 days of overseas service. He was discharged at Camp Atterbury, Indiana in the rank of Sergeant on 24 March 1946. His WD AGO Form 53-55 reflects his organization as the 580th Air Warning Battalion, and shows that he was awarded the Asiatic Pacific Campaign Medal, the Good Conduct Medal, and the World War II Victory Medal.

5. The Unit Citation and Campaign Participation Credit Register shows that the
580th Air Warning Battalion participated in one campaign during World War II.

6. Army Regulation 600-8-22 provides for the award of the Army of Occupation Medal and states in pertinent part that soldiers who served in the Far East Theater during the occupation of the Far East will wear the clasp inscribed “Japan.”

7. That regulation also provides for award of the American Campaign Medal and states that it is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 under certain conditions – on permanent assignment outside the continental limits of the United States; permanently assigned as a member of a crew of a vessel sailing ocean waters for a period of 30 consecutive days or 60 nonconsecutive days; outside the continental limits of the United States in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days; in active combat against the enemy and was awarded a combat decoration of furnished a certificate that the soldier actually participated in combat; or within the continental United States for an aggregate period of one year. All these conditions must have occurred within the American Theater, which is defined as the continental United States and its adjacent waters.

CONCLUSIONS
:

1. The applicant served in the Far East Theater after the cessation of hostilities as evidenced by his WD AGO Form 53-55. He is entitled to award of the Army of Occupation Medal with Japan clasp.

2. The applicant did not serve in the continental United States for a total of one year, and there is no evidence, nor has the applicant submitted any, to show that he served in the American Theater under any of the other conditions described above. He is not entitled to the American Campaign Medal.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Army of Occupation Medal with Japan clasp.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__MDM__ __LE ___ __GJW__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Mark D. Manning ___
                  CHAIRPERSON




INDEX

CASE ID AR2001053600
SUFFIX
RECON YYYYMMDD
DATE BOARDED 22010719
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2. 46
3.
4.
5.
6.


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