RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 July 2006
      DOCKET NUMBER:  AR20050016149


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Jeanette McCants              |     |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 WD AGO Form 53-55 (Enlisted
Record and Report of Separation) to show his service in Okinawa.  He also
requests, in effect, award of the Army of Occupation Medal with Japan
Clasp.

2.  The applicant states his military records do not reflect his service in
Okinawa prior to leaving the Asiatic-Pacific Theater of Operations in
November 1945.  He contends that his dates of service and location in
Okinawa for the period of
25 September 1945 to 19 November 1945 were omitted on his WD AGO Form 53-
55.

3.  The applicant provides excerpts from the Department of the Army
Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register);
a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation);
and a letter, dated 14 July 2005, from the National Personnel Records
Center in St. Louis, Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
23 December 1945.  The application submitted in this case is dated
17 November 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, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant enlisted on 10 January 1942.  Item 36 (Service Outside
Continental U.S. and Return) on his WD AGO Form 53-55 shows that he served
in the Asiatic-Pacific Theater of Operations from 5 December 1943 through
19 November 1945.  On 23 December 1945, the applicant was honorably
discharged.

5.  Item 6 (Organization) on the applicant’s WD AGO Form 53-55 shows his
organization was the 1061st Quartermaster Company.  Item 32 (Battles and
Campaigns) on his WD AGO Form 53-55 shows he participated in three battles
and campaigns.  His WD AGO Form 53-55 also shows the American Campaign
Medal, the Asiatic-Pacific Campaign Medal, the Philippine Liberation Ribbon
with one bronze service star, the Good Conduct Medal, and the World War II
Victory Medal as authorized awards.

6.  Department of the Army Pamphlet 672-1 shows, among other information,
unit awards and citations authorized for units which served during World
War II.  This document shows the applicant's unit received occupation
credit for Okinawa for the period 25 September 1945 to 20 December 1945.

7.  Department of the Army Technical Manual TM 12-235 (Discharge Procedures
and Preparation of Separation Forms) established the policies and
procedures for completion and distribution of the WD AGO Form 53-55 during
World War II.  Item 36 on the WD AGO Form 53-55 listed the destination and
dates of service outside continental limits of the United States.  There is
no provision to show duty assignments on the WD AGO Form 53-55.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army of Occupation Medal is awarded for service of 30 consecutive
days at a normal post of duty in a qualifying location.  The regulation
also states that Soldiers who served in the Far East Theater during the
occupation of the Far East will wear the clasp inscribed "Japan."

9.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s unit received occupation credit for Okinawa which
entitles him to award of the Army of Occupation Medal with Japan Clasp.
Duty assignments were recorded in a Soldier's service record and not on the
WD AGO Form 53-55. Unfortunately, the applicant's service record is not
available.

2.  The applicant participated in three battles and campaigns during World
War II which entitles him to the Asiatic-Pacific Campaign Medal with three
bronze service stars.
3.  Records show the applicant should have discovered the alleged errors
now under consideration on 23 December 1945; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950 (3 years after the Board was established on 2
January 1947).  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JS_____  __CD___  __JM____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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
Form 53-55 to show that he was awarded the Army of Occupation Medal with
Japan Clasp and the Asiatic-Pacific Campaign Medal with three bronze
service stars.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amending his WD AGO Form 53-55 to show his service in Okinawa.




                            __John Slone__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016149                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060711                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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