IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090004743
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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to add the Army of Occupation Medal (AOM) with Japan Clasp. He also requests any other awards he may be entitled to.
2. The applicant states that he is entitled to the AOM for his service with Headquarters and Headquarters Squadron, 7th Service Group, 5th Air Force.
3. The applicant provides a letter of commendation from the executive officer of the 22nd Replacement Depot dated 25 October 1945 in which it was stated that "from 8 October 1945 to 25 October 1945, while on attached unassigned status in this command awaiting transportation to the United States, you volunteered your services in the personnel section and assisted in processing records of returning personnel. The high standards of accuracy and efficiency which you achieved enabled this command to meet all shipping commitments allocated by Port Command authority at the start of its operation from the Tokyo area." He also submits a letter from his son; his WD AGO Form 53-55; his honorable discharge certificate; and email correspondence between his son and an Air Force historian, with associated historical unit records.
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 were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records.
3. The applicant was inducted in the Army on 31 October 1941, was awarded the military occupational specialty of medical supply noncommissioned officer, and was promoted to the rank of sergeant.
4. He arrived in Australia on 19 November 1943, departed Australia on 26 October 1945, and arrived back in the United States on 5 November 1945.
5. On 20 November 1945, he was honorably released from active duty. His WD AGO Form 53-55 shows that he was credited with participation in the New Guinea, Southern Philippines, and Luzon campaigns, and that he was awarded the Good Conduct Medal, Philippines Liberation Ribbon with 1 bronze star, American Campaign Service Medal, American Defense Service Medal, Asiatic Pacific Campaign Medal with 3 bronze stars, and the World War II Victory Medal. His organization was listed on this form as Headquarters and Headquarters Squadron, 7th Service Group.
6. The applicant's records do not contain a list of his unit assignments.
7. Army Regulation 600-8-22 (Military Awards) provides that the Army of Occupation Medal (AOM) is awarded for service of 30 consecutive days at a normal post of duty while assigned to a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany service must have been between 9 May 1945 and 5 May 1955. Qualifying service for the Berlin clasp is from 9 May 1945 and a terminal date to be announced later. 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.
DISCUSSION AND CONCLUSIONS:
1. The only solid evidence that the applicant was in Japan was the letter of commendation which showed that he performed duties in the Tokyo area from 8 to 25 October 1945 while on attached unassigned status.
2. This is less than the 30 consecutive days required by regulation for award of the AOM, and shows that the applicant was not assigned there at a normal post of duty, another requirement for award of the AOM.
3. As such, unfortunately, there is insufficient evidence in which to award the applicant the AOM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20090004743
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ABCMR Record of Proceedings (cont) AR20090004743
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