RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040010703


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his military records
to show his organization as Company K, 389th Infantry Regiment, and award
of the Army of Occupation Medal for his service in Japan during World War
II.

2.  The applicant states, in effect, that his service record is in error
because of a typographic mistake that was made when the discharge document
was prepared, which incorrectly identified his organization.  Consequently,
this has precluded him from being awarded the Army Occupation Medal for his
service in Japan.

3.  The applicant provides a self-authored letter, a copy of his WD AGO 53-
55 (Army of the United States Honorable Discharge) document; two letters
from the National Personnel Records Center, dated 23 July 2004; extracts
from Army Regulation 600-8-22 (Military Awards), dated 25 February 1995;
extracts from Department of the Army Pamphlet 672-1 (Unit Citation and
Campaign Participation Credit Register), dated 6 July 1961; and extracts
from the book "History of the 389th Infantry Regiment in World War II" by
John G. Irvin (1946).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 January 1946, the date of his separation.  The application
submitted in this case is dated 16 August 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Information provided to the applicant in a letter from the National
Personnel Records Center (NPRC), St. Louis, Missouri, dated 7 August 2003,
indicates that the applicant's military service record is not in their
files and may have been destroyed in a fire that the records center
suffered on 12 July 1973.  However, the NPRC issued the applicant a NA Form
13038 (Certification of Military Service) and reproduced a certified copy
of his honorable discharge document.

4.  The reproduced WD AGO 53-55 shows that it begins with, "THIS IS TO
CERTIFY, THAT CXXXXXX D. GXXXXX 38 ### ### Private First Class  Company
K/389th Infant(ry) ARMY OF THE UNITED STATES, IS HEREBY HONORABLY
DISCHARGED FROM THE MILITARY SERVICE OF THE UNITED STATES OF AMERICA".

5.  A review of this document shows that the applicant was inducted into
the Army of the United States on 10 October 1942 and was awarded military
occupational specialty (MOS) 745 (Automatic Rifleman).

6.  Item 6 (Organization) of this document contains the entry, "Company K
289th Infantry".

7.  Item 36 (Service Outside Continental U.S. and Return) of the document
shows that the applicant arrived in the Pacific Theater area of operations
on
23 April 1944 and returned to the United States of America on 17 January
1946. Item 37 (Total Length of Service) of this document shows that the
applicant completed a total of 1 year, 9 months, and 1 day of foreign
service.

8.  Item 32 (Battles and Campaigns) of the document contains the entry,
"None". Item 33 (Decorations and Citations) of the document shows that the
applicant was awarded the American Theater Campaign Medal, Asiatic-Pacific
Campaign Medal, Good Conduct Medal, World War II Victory Medal, 1 Service
Stripe, and
3  Overseas Service Bars.

9.  The applicant's records do not show any evidence of award of the
European-African-Middle Eastern Campaign Medal.

10.  The applicant provides extracts of publications related to the
criteria for award of the Army of Occupation Medal for Japan, unit awards
that the
389th Infantry Regiment earned during World War II, and the history of the
389th Infantry Regiment during World War II.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty 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.  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.
12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Asiatic-Pacific Campaign Medal.  It is awarded for service in the Asiatic-
Pacific Theater of Operations between 7 December 1941 and 2 March 1946.
Qualifying service for this award includes permanent assignment in the
theater, service in a passenger or a temporary duty status for 30
consecutive or 60 nonconsecutive days, or active combat against the enemy
and awarded a combat decoration or furnished a certificate by the
commanding general of a corps or higher unit showing actual participation
in combat.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the
European-African-Middle Eastern Campaign Medal is awarded for service
within the European African-Middle Eastern Theater between 7 December 1941
and 8 November 1945.  This medal is awarded to any service member who was
permanently assigned in the theater, who was in a passenger status or on
temporary duty for 30 consecutive days or 60 nonconsecutive days, or who
was in active combat against the enemy and was awarded a combat decoration,
or who was furnished a certificate by the commanding general of a corps or
higher unit or independent force showing that he actually participated in
combat.

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) dated 6 July 1961, shows World War II units
that are authorized occupation credit and therefore, entitlement to the
Army of Occupation Medal.  This document authorized the 389th Infantry
Regiment the Army of Occupation Medal for service in Japan during the
period
15 October 1945 through 20 January 1946.  It also authorized the 289th
Infantry Regiment the Army of Occupation Medal for service in Germany
during the period 20 May 1945 through 4 July 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Army of Occupation Medal for his service in Japan during World War II.  The
applicant further contends that because of the typographic error in Item 6
(Organization) of his discharge document, he has been denied the award.







2.  The applicant's military service record does not show award of the
European-African-Middle Eastern Campaign Medal.  An entry of this award in
Item 33 of the applicant's discharge document would support the fact that
the applicant's foreign service was performed in the European Theater of
Operations where the 289th Infantry Regiment served during World War II
(vice in the Pacific Theater where the 389th Infantry Regiment served
during World War II).  However, evidence of record supports the fact that
the applicant served in the 389th Infantry Regiment. Absent any other
evidence that documents or supports that the applicant was assigned to the
289th Infantry Regiment, the entry in Item 6 (Organization) of his
discharge document is therefore determined to be in error.  Therefore, the
applicant is entitled to correction of his military service records to show
his organization of assignment as Company K, 389th Infantry Regiment.

3.  Item 37 of applicant's discharge document shows that he completed a
total of 1 year, 9 months, and 1 day foreign service.  Item 33 of this
document confirms that his foreign service was performed in the Pacific
Theater of Operations during World War II by virtue of his award of the
Asiatic-Pacific Campaign Medal.  Therefore, the applicant is entitled to
award of the Army of Occupation Medal for his service in Japan.

BOARD VOTE:

___JTM_   __WDP_   __LJO__   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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending his WD AGO 53-55 discharge
document as follows:

      a.  Item 6 (Organization) - delete the current entry and replace it
with the entry, "Company K, 389th Infantry Regiment"

      b.  Item 33 (Decorations and Citations) - add "Army of Occupation
Medal with Japan clasp"




                            _____John T. Meixell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010703                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19460124                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |RR 101, Demobilization                  |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0067.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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