IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20080018236
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the Army of Occupation Medal with Japan Clasp.
2. The applicant states that he met the requirements for award of the Army of Occupation Medal with Japan Clasp but it was never awarded to him.
3. The applicant provides copies of his WD AGO Form 53-55 and his Separation Qualification Record (WD AGO Form 100).
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 applicants 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 applicants 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 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 for the Board to conduct a fair and impartial review of this case.
3. According to the applicants WD AGO Form 53-55:
a. On 25 March 1944, the applicant was inducted into the Army of the United States and entered active service. He was subsequently awarded military occupational specialty (MOS) 059 (Construction Foreman) and was assigned to the 1778th Engineer Construction Battalion.
b. On 25 June 1945, the applicant departed the United States for service in the Pacific Theater of Operations (PTO). He served in the PTO from 5 August 1945 to 20 March 1946 and arrived back in the United States on 6 April 1946.
c. Awards listed on the WD AGO Form 53-55 include the Asiatic-Pacific Service Medal, American Service Medal, Good Conduct Medal, and the World War II Victory Medal. The Army of Occupation Medal with Japan Clasp is not listed.
d. The applicant attained the rank of corporal (CPL) and was discharged on 14 April 1946.
4. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II. This publication shows that the 1778th Engineer Construction Battalion, during the time of the applicant's assignment, was awarded the Army of Occupation Medal for service in Japan. It also shows that General Orders Number 66, Headquarters, XXIV Corps, dated 18 April 1946, awarded the 1778th Engineer Construction Battalion the Meritorious Unit Commendation for the period from 27 October 1945 to 10 March 1946. This pamphlet indicates that the 1778th Engineer Construction Battalion did not participate in any campaigns.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show award of the Army of Occupation Medal with Japan Clasp.
2. Records show that the applicant served during a qualifying period for award of the Army of Occupation Medal with Japan Clasp. Therefore, his records should be corrected to show this award.
3. Records show that the applicant's unit was cited in general orders for award of the Meritorious Unit Commendation. Therefore, his records should be corrected to show this unit award.
BOARD VOTE:
____X___ ___X ___ ____X__ 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 adding, in addition to the awards already shown on his WD AGO Form 53-55, the Army of Occupation Medal with Japan Clasp and the Meritorious Unit Commendation.
___________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080018236
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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