RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2005
      DOCKET NUMBER:  AR20050001172


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Mr. Patrick H. Mcgann Jr.         |     |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 correction of his records to show award of the
Army of Occupation Medal (Japan).

2.  The applicant states, in effect, that he served with the 303rd Infantry
in the European theatre of operations until the end of May 1945.  He stated
that his organization returned to the United States and was assigned to
Fort Bragg.  He further states that at the end of August 1945 the 303rd
Infantry was deployed to Japan were he performed duties as a guard from
September 1945 through January 1946.

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report
of Separation-Honorable Discharge) and a copy of an Honorable Discharge
Certificate, dated 5 February 1946.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 February 1946.  The application submitted in this case is
dated 12 January 2005.

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.  The applicant’s military records are not available to the Board 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, this
case is being considered using reconstructed records, which primarily
consist of his WD AGO Form 53-55.

4.  The applicant's WD AGO Form 53-55 with the ending period 5 February
1946 shows he was inducted and entered active duty on 27 January 1943.
Records show that he arrived in the European theater of operations on 3
March 1945 assigned to M Company, 303rd Infantry.  He departed the European
Theater of Operations on 18 January 1946.  He was honorably discharged on 5
February 1946.
5. Item 31 (Military Qualification and Date) shows the Expert Infantryman
Badge, the Combat Infantryman Badge, and the Marksman Marksmanship
Qualification Badge (Carbine).

6.  Item 33 (Decorations and Citations) shows the applicant was awarded the
European-African-Middle Eastern Theater Campaign Medal with 2 bronze
service stars, the American Campaign Medal, the Good Conduct Medal, the
World War II Victory Medal, and the Asiatic-Pacific Campaign Medal.

7.  The 303rd Infantry is not listed in Department of the Army Pamphlet 672-
1 (Unit Citation and Campaign Participation Credit Register) as being
awarded occupation credit for Japan.

8.  Department of the Army Pamphlet 672-1 lists the unit awards and
campaign participation credit received by units serving during World War
II.  This document shows that the 303rd Infantry was awarded occupation
credit for Germany for the period 2 May through 4 June 1945.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Bronze Star Medal is awarded for heroism and for meritorious
achievement or service in military operations against an armed enemy.  The
Bronze Star Medal is authorized for each individual who was cited in orders
or awarded a certificate for exemplary conduct in ground combat between
7 December 1941 and 2 September 1945 or whose achievement or service,
during that period, was confirmed by documents executed prior to 1 July
1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge
is considered to be a citation in orders.  This means, in effect, that the
Bronze Star Medal is to be awarded to individuals who were authorized
either badge for service during World War II.

10.  Army Regulation 600-8-22 (Military Awards) 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.
 For award of the Army of Occupation Medal with Germany Clasp, qualifying
service must have occurred between 9 May 1945 and 5 May 1955 and the
European-African-Middle Eastern Campaign Medal must have been awarded prior
to 9 May 1945.


DISCUSSION AND CONCLUSIONS:

1.  Evidence of record of record shows that the applicant served in the
European Theatre of Operations from 3 March 1945 through 18 January 1946
although his WD AGO Form also shows he was awarded the Asiatic-Pacific
Campaign Medal.
Evidence of record further shows that the 303rd Infantry is not listed in
the Unit Citation and Campaign Participation Credit Register as being
awarded occupation credit for Japan, therefore the applicant is not
eligible for award of the Army of Occupation Medal (Japan).  The applicant
met the eligibility criteria for award of the Army of Occupation Medal with
Germany clasp.  This award should be added to his WD AGO Form 53-55.

2.  Records show that the applicant received the Combat Infantryman Badge
which makes him eligible for award of the Bronze Star Medal.  The
applicant's WD AGO Form 53-55 should be amended to add this award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 February 1946, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  As a result, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  The
applicant did not file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse the failure to timely file.

4.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ BJE __  __ KLW _  __ PHM _  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show award of the Bronze Star Medal (based on award
of the Combat Infantryman Badge) and the Army of Occupation Medal with
Germany clasp.




                                  ___    Barbara J. Ellis ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001172                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |9 August 2005                           |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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