RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20060017361 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Ronald D. Gant

Member

Mr. Rowland C. Heflin

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 service records to show award of the Army of Occupation Medal with Japan clasp for his post-World War II service in Japan.

2.  The applicant states, in effect, that the Army of Occupation Medal with Japan clasp was never awarded to him, even though he was in the 4th Replacement Depot and 56th Transportation Warehouse Team while stationed in Japan from 
2 March 1947 to 6 April 1947.

3.  The applicant provides his War Department (WD) Adjutant General Office (AGO) Form 53-55 (Army of the United States Honorable Discharge), with an effective date of 5 March 1948; U.S.S. General W.G. Haan (AP-158) Card, dated April 1947; a handwritten note to the National Personnel Records Center, undated; National Personnel Records Center, Military Personnel Records,
St. Louis, Missouri, letter, dated 16 September 2005; an undated handwritten note and WD AGO Form 53-55 Form pertaining to (then) Technician 5 J___ D. H___________,  with an effective date of 6 December 1946; and an undated typewritten note from former Sergeant H_____ A. R______.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
5 March 1948, the date of his discharge from the Army.  The application submitted in this case is dated 4 December 2006.

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in July 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’s reconstructed record is comprised essentially a WD AGO (Final Payment – Work Sheet), dated 5 March 1948; WD AGO Form 100 (Separation Qualification Record), dated 5 March 1948; and WD AGO Form
53-55 (Army of the United States Honorable Discharge), with an effective date of 5 March 1948.

5.  The WD AGO Form 100 shows the applicant entered into active service on
5 November 1946, completed basic combat training and advanced individual training, and was awarded military occupational specialty (MOS) 056 (Postal Clerk).  Summary of Military Occupations, Item 13 (Title – Description – Related Civilian Occupation) shows, in pertinent part, the applicant performed duties as a postal clerk in a Military Post Office with the 56th Transportation Warehouse Detachment in Guam.

6.  The WD AGO Form 53-55 shows that the applicant enlisted in the Regular Army on 5 November 1946 and was honorably discharged on 5 March 1948.  Item 6 (Organization) of this document contains the entry, "56th Trans Warehouse Team.”   Item 36 (Service Outside Continental U.S. and Return) of the document shows that the applicant arrived in the Pacific Theater of Operations (PTO) on 2 March 1947, departed the PTO on 10 February 1948, and returned to the United States of America on 24 February 1948.  Item 37 (Total Length of Service) of this document shows that the applicant completed
3 months and 20 days continental service; 1 year and 11 days of foreign service; and a total of 1 year, 4 months, and 1 day of active service (i.e., longevity for pay purposes).

7.  Item 31 (Military Qualification and Date) of the WD AGO Form 53-55 shows that the applicant qualified and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 32 (Battles and Campaigns) of this document contains the entry, "None" and Item 33 (Decorations and Citations) shows that the applicant was awarded the World War II Victory Medal.

8.  The applicant’s reconstructed record also contains a copy of a letter from the applicant to the NPRC, dated 18 February 1991.  This document shows, in pertinent part, that the applicant requested award of the Army of Occupation Medal with Japan clasp based on his service in Japan from 2 March 1947 through 5 April 1947.

9.  The applicant’s reconstructed record contains a copy of a NPRC, Military Personnel Records, St. Louis, Missouri, letter, dated 3 April 2002, addressed to the applicant.  This document states, in pertinent part, that  “[a] search of the Unit Campaign Register does not show the 4th Replacement Depot as receiving the medal.”  This document also shows, in pertinent part, that “[t}his is the 4th reply since 1991 regarding Army of Occupation Medal.”

10.  In support of his application, the applicant provides his WD AGO Form
53-55 that, in pertinent part, shows he served in the PTO from 2 March 1947 to
10 February 1948.  The U.S.S. General W.G. Haan (AP-158) Card he provides shows, in pertinent part, that the holder of the card was the applicant, his unit was shown as “4-E”, and the card indicated travel from Japan to Guam in April 1947.  The applicant’s undated handwritten note to the NPRC, states, in pertinent part, that he served at the 4th Replacement Depot, Headquarters, Zama, Japan for a period of 30 days, arrived on 2 March 1947, and departed on 6 April 1947.  The undated handwritten note and accompanying WD AGO Form 53-55 Form, with an effective date of 6 December 1946, shows, in pertinent part, that
J___ D. H___________ was assigned to Headquarters and Headquarters Company, 4th Replacement Depot and served in the PTO from 24 October 1945 to 10 October 1946.  This document also shows that he was awarded, in pertinent part, the Army of Occupation Medal with Japan clasp.  The undated typewritten note from Sergeant H_____ A. R______ shows, in pertinent part, that Sergeant R______ served at the 4th Replacement Depot, Zama, Japan, for at least 60 days in 1948 and was awarded the Army of Occupation Medal with Japan clasp.

11.  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.)

12.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, in pertinent part, World War II units that are authorized occupation credit and therefore, entitlement to the Army of Occupation Medal.  This document fails to show the 4th Replacement Depot or the 56th Transportation Warehouse Detachment/Team was authorized the Army of Occupation Medal for service in Japan during the period
3 September 1945 and 27 April 1952.


13.  DA Pamphlet 672-1, paragraph 5 (Miscellaneous information), subparagraph c, also provides that credit for occupation duty is recorded in the register only for those units which were in Germany, Austria, Italy, Korea, or Japan at the time of cessation of hostilities.  Units which arrived in one of those countries at later dates may not be listed.  Verification of entitlement of any unit may be obtained from The Adjutant General.

14.  A review of The Adjutant General Directorate, Military Awards Branch, website failed to confirm that the 4th Replacement Depot or 56th Transportation Warehouse Detachment/Team was authorized occupation credit for service in Japan.

15.  U.S. Army Japan (USARJ) website www.usarj.army.mil/history/campzama provides, in pertinent part, a history of Camp Zama.  This website states, in pertinent  part, “[a]pproximately one battalion of the 1st Cavalry Division landed in Yokohama and finally entered Sobu-dai early in the morning on 5 September [1945].  In order to negotiate the requisition and disarmament, Major General King, Division Commander, came to the school accompanied by his staff.  As to why the divisional commander himself came to negotiate may be in deference to the rank held by the Commandant (Lieutenant General) and to the school which was the counterpart to the U.S. Military Academy.  Unfortunately, Lieutenant General Kitano, the Commandant, had been transferred as Commanding General of the Eastern Army after the end of the war, and the face-to-face meeting of the two generals was not realized on the plains of Sagamihara.  Presumably, Major General King might have felt disappointed at the meeting that did not materialize.  Military negotiations with the U.S. forces were conducted satisfactorily by Major Kano (the 19th term class).  Actually, the cavalry division was an infantry division equipped with heavy vehicles.  The occupation unit immediately employed a portion of the Japanese personnel who had worked for the Japanese Army to put the school grounds in order.  Shortly after, a care-taking unit replaced the occupation unit and hung the sign "4th Replacement Depot" on the gate (emphasis added).  Later the name of the installation was changed to Camp Zama and the main mission of the camp along with Atsugi Camp (presently Atsugi Naval Air Station) also changed to a stop-over base for Soldiers from the Far East awaiting transportation by ships.  Later, the mission of the replacement depot came to an end and Camp Atsugi changed into a Marine Base and Naval Air-Station.  In 1951, Camp Zama also changed into the occupation base for the 8th Cavalry Regiment, 1st Cavalry Division, and to the Air Defense Communication Center.  Soon after, the Peace Treaty was signed.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Army of Occupation Medal with Japan clasp for his post-World War II service with the
4th Replacement Depot and 56th Transportation Warehouse Detachment/Team, Zama, Japan.

2.  The applicant provides evidence from two former Soldiers who claim award of the Army of Occupation Medal with Japan clasp.  The WD AGO Form 53-55 pertaining to Mr. H____________ shows he was assigned to Headquarters and Headquarters Company, 4th Replacement Depot, and served in the PTO from
24 October 1945 to 10 October 1946.  However, this individual’s organization and period of service in the PTO does not correspond to the applicant’s organization (as indicated in Item 6 of his WD AGO Form 53-55) or period of service in the PTO and, therefore, provides insufficient evidence to support award of the Army of Occupation Medal with Japan clasp to the applicant.  The handwritten letter from Sergeant R______ also provides insufficient documentary evidence to support the applicant’s claim.

3.  The evidence of record shows that the applicant arrived in the PTO on
2 March 1947.  The evidence of record also indicates that the applicant was to travel from Japan to Guam in April 1947.  The evidence of record further shows that the applicant was assigned to the 56th Transportation Warehouse Detachment/Team in Guam.  However, there is insufficient evidence of record to show that the applicant was assigned to the 4th Replacement Depot in Japan.

4.  The evidence of record fails to show that the 4th Replacement Depot or the 56th Transportation Warehouse Detachment/Team was authorized occupation credit for service in Japan.  Therefore, in view of all of the foregoing, the applicant is not entitled to correction of his records to show award of the Army of Occupation Medal with Japan clasp.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 March 1948; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
4 March 1951.  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 failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___MKP__  ____RDG  ___RCH_  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.




___Margaret K. Patterson___
          CHAIRPERSON




INDEX

CASE ID
AR20060017361
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/06/14
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19480305
DISCHARGE AUTHORITY
AR 615-365, Paragraph 1c
DISCHARGE REASON
Convenience of the Government - PETS
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0067.0000
2.

3.

4.

5.

6.