RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 November 2007
	DOCKET NUMBER:  AR20070009038 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. La Verne M. Douglas

Member

Mr. Michael J. Flynn

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 military records to show award of the Army of Occupation Medal with Japan Clasp.

2.  The applicant states, in effect, that he was assigned to the Republic of Korea with the 6th Infantry Division during the period from October 1945 to January 1946. 

3.  The applicant provides a copy of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) and a letter from the United States Army War College, dated 29 August 2006, with enclosed extracts reflecting the role of the 6th Infantry Division in the post war occupation of Japan and Korea.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  The applicant's WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 7 October 1943.  His military occupational specialty was 605 (Machine gunner).  

4.  On 27 April 1944, the applicant departed the United States for duty in the Pacific Theater of Operations (PTO).  He arrived in the PTO on 18 May 1944.  

5.  The applicant was assigned to the Company C, 53rd Field Artillery Battalion, 6th Infantry Division. 

6.  He returned to the United States on 21 January 1946 and was honorably discharged on 29 January 1946.  He had attained the rank of staff sergeant, and had completed 2 years, 3 months and 23 days of creditable active service.

7.  Item 32 (Battles and Campaigns) of his WD AGO 53-55, lists his campaigns as New Guinea and Luzon. 

8.  Item 33 (Decorations and Citations) of his WD AGO 53-55, lists his awards as the Good Conduct Medal, Asiatic Pacific Service Medal, World War II Victory Medal, and the Philippine Liberation Service Medal.  It does not show award of the Army of Occupation Medal with Japan Clasp.

9.  The applicant’s Final Payment-Work Sheet (WD Form 372A) shows that his last duty was with the Headquarters, Korea Disposition Center.

10.  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, escort, temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal for Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive.
It further provides, in pertinent part, for wear of the Japan Clasp for qualified service in the PTO.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II.  This publication shows that the 53rd Field Artillery Battalion, during the time of the applicant's assignment, was cited in general orders for award of the Distinguished Unit Citation [now known as the Presidential Unit Citation], Philippine Presidential Unit Citation and the Army of Occupation Medal with Japan Clasp. 

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign participation credit for units serving in World War II.  This publication shows that the 53rd Field Artillery Battalion, during the time of the applicant's assignment participated in the following two campaign periods: New Guinea (ended in December 1944) and Luzon (ended in July 1945).  It also shows that his unit participated in an assault landing in the Lingayen Gulf, Philippine Islands on 9 January 1945.  This publication further shows that the Korea Disposition Center was cited in general orders for award of the Meritorious Unit Commendation and received occupation credit for duty in Korea.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the wear of a bronze service star on the Asiatic Pacific Service Medal for participation in each campaign, and a bronze arrowhead for participation in an assault landing.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant participated in the Luzon Campaign which ended in July 1945.  Following this service, he was assigned to occupation duty with the Korea Disposition Center, 6th Infantry Division in Korea until his return to the United States in January 1946 for discharge.  This service in Korea qualified him for award of the Army of Occupation Medal with Japan Clasp.  Therefore, his records should be corrected to show this award.

2.  Records show that the applicant’s unit was cited in general orders for award of the Presidential Unit Citation and the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

3.  Records show that the applicant’s unit was cited in general orders for award of the Philippine Presidential Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

4.  Records show that the applicant participated in an assault landing and two campaign periods during his service in the Pacific Theater of Operations.  Therefore, he is eligible for award of two bronze service stars and a bronze arrowhead to be affixed to his Asiatic Pacific Service Medal.

BOARD VOTE:

__ KLW__  __MJF  __  __LMD   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the Presidential Unit Citation, Meritorious Unit Commendation, Army of Occupation Medal with Japan Clasp, two bronze service stars and a bronze arrowhead to be affixed to his Asiatic Pacific Service Medal, and the Philippine Presidential Unit Citation.




	__    Kenneth L. Wright ___
          		CHAIRPERSON




INDEX

CASE ID
AR20070009038
SUFFIX

RECON
 
DATE BOARDED
20071106
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.