RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050017098


      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:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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, award of the Army of Occupation
Medal with Japan Clasp.

2.  The applicant states, in effect, that he was in the Asiatic-Pacific
Theater of Operations from 28 August 1945 to 8 February 1946 and that he
was on the main island of Japan from 25 September 1945 to 26 January 1946
with Company M, 387th Infantry Regiment of the 97th Infantry Division.  He
contends that he pulled guard duty and “KP” the first three months in Japan
and that he spent his last month in Japan teaching at Kilroy College (also
known as the 387th Infantry Regiment School).

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation); a WD AGO Form 822 (Army Education Program –
Individual Record Card), dated 18 January 1946; numerous photographs of
items he sent home from Japan; a photograph of instructors at “Kilroy’s
Kollege”; a newspaper article on the applicant; and a letter, dated 28
November 2005, from a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 March 1946.  The application submitted in this case is dated
21 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 29 October 1942.  He served in the European
Theater of Operations from 3 March 1945 through 15 June 1945 and served in
the Asiatic-Pacific Theater of Operations from 25 September 1945 through
26 January 1946.  On 14 March 1946, the applicant was honorably discharged.

5.  Item 6 (Organization) on the applicant’s WD AGO Form 53-55 shows his
organization was Company M, 387th Infantry Regiment.  His WD AGO Form
53-55 also shows the American Campaign Medal, the Asiatic-Pacific Campaign
Medal, the European-African-Middle Eastern Campaign Medal with two bronze
service stars, one award of the Overseas Service Bar, one award of the
service stripe, the Good Conduct Medal, and the World War II Victory Medal
as authorized awards.

6.  The Center for Military History confirmed that the 387th Infantry
Regiment arrived on Cebu Island (part of the Philippines) on 16 September
1945 and the unit inactivated at Ota, Japan on 31 March 1946.   The date
the applicant’s unit moved from Cebu Island to Japan is not available.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), shows, among other information, unit awards
and citations authorized for units which served during World War II.  This
document shows the applicant’s unit did not receive occupation credit for
Japan.

8.  Department of the Army Pamphlet 672-1 does show the applicant's unit
received occupation credit for Germany for the period 2 May 1945 to 4 June
1945.


9.  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, escort,
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.



10.  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.  The Center for Military History confirmed that the applicant’s unit
arrived on Cebu Island on 16 September 1945 and inactivated at Ota, Japan
on 31 March 1946.  However, the governing regulation states that service
between
3 September 1945 and 2 March 1946 is qualifying for award of the Army of
Occupation Medal with Japan Clasp only if the Asiatic-Pacific Campaign
Medal was earned prior to 3 September 1945.  Evidence of record shows the
applicant arrived in the Asiatic-Pacific Theater of Operations on 25
September 1945.  Therefore, there is insufficient evidence on which to base
award of the Army of Occupation Medal with Japan Clasp.

2.  The applicant’s unit received occupation credit for Germany which
entitles him to award of the Army of Occupation Medal with Germany Clasp.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 14 March 1946; therefore, the time for the applicant
to file a request for correction of any error 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.

4.  Evidence shows that the applicant’s records contain an administrative
error which does 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

KN_____  __CM____   YM____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 an administrative error 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 that he was awarded the Army of Occupation Medal with Germany
Clasp.



                                  __Kathleen Newman_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017098                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0067                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]