BOARD DATE: 30 July 2009
DOCKET NUMBER: AR20090004661
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 WD AGO Form 53-55 (Honorable Discharge), with the ending period 22 March 1946, to show award of the Army of Occupation Medal with Japan Clasp.
2. He states, in effect, that he served in Japan from October 1945 to February 1946.
3. He provides his WD AGO Form 53-55 and Army of the United States Honorable Discharge Certificate, dated 22 March 1946.
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 his records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55 and United States Honorable Discharge Certificate.
3. His WD AGO Form 53-55 for the period ending 22 March 1946 shows he was inducted on 7 December 1943 and entered active service on 28 December 1943. On 14 August 1944, he departed the United States for duty in the Asiatic-Pacific Theater of Operations (APTO). He arrived in the APTO on 1 September 1944 and he was assigned to A Company, 25th Medical Battalion, 25th Infantry Division.
4. He departed the APTO on 28 February 1946 and he arrived in the United States on 14 March 1946. He was subsequently honorably discharged on
22 March 1946.
5. Item 31 of his WD AGO Form 53-55 shows he was awarded the Combat Medical Badge in August 1945. Item 33 (Decorations and Citations) shows he was awarded the Army Good Conduct Medal, Asiatic-Pacific Theater Campaign Medal, World War II Victory Medal, Philippine Liberation Medal with one bronze service star, and Distinguished Unit Badge. Item 32 (Battles and Campaigns) shows he participated in the New Guinea and Luzon campaigns.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II. This document shows that
the 25th Medical Battalion, 25th Infantry Division was awarded the Army of Occupation Medal with Japan Clasp for the period 2 September 1945 through
15 February 1946.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant was assigned to the 25th Medical Battalion, 25th Infantry Division during a period of time the unit was awarded the Army of Occupation Medal with Japan Clasp. Therefore, his WD AGO Form
53-55 should be amended to reflect this 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 amending his WD AGO Form 53-55 to add the Army of Occupation Medal with Japan Clasp
_______ _ _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.
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