IN THE CASE OF:	  

		BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090017033


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 award of the Army of Occupation Medal (AOM) with Japan Clasp.

2.  The applicant states he served in the Army in World War II.  He arrived in Japan with the 132nd Infantry Regiment on 8 September 1945 for occupation duty.  Shortly after arriving in Japan the 132nd Infantry Regiment was inactivated and he was transferred to the 46th Engineer Construction Battalion.  He served with that unit for the remainder of his time in Japan, departing on 23 July 1946.

3.  The applicant provides:

* A handwritten note, dated 22 March 2010
* A page containing
* a photograph of 2 Soldiers standing in front of the 46th Engineer Construction Battalion sign
* an envelope showing a return address of "Co A 46th Engr Cons Bn"
* an enlisted club card in the applicant's name for 1946, Yokohama, Japan
* a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)


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 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 in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States and entered active service on 17 July 1944.  Following his initial entry training, he was transferred to the Western Pacific Theater of Operations (WPTO).  He departed the United States for the WPTO on 23 May 1945.

4.  The applicant's exact places and dates of service in the WPTO are not known.  However, his WD AGO Form 53-55 shows:

* He was a member of the Corps of Engineers (CE)
* His organization was the 46th Engineer Construction Battalion
* He was a Construction Machine Operator
* He participated in the Philippine Islands' Luzon Campaign
* He received award of the Army Good Conduct Medal, Asiatic-Pacific Campaign Medal, Philippine Liberation Ribbon, and the World War II Victory Medal
* He served in the Pacific from 23 June 1945 to 23 July 1946
* He was honorably discharged on 10 August 1946 at Fort Dix, NJ

5.  The applicant states in his 22 March 2010 note that he arrived in Japan with the 132nd Infantry Regiment on 8 September 1945.  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 and the Korean War.  This pamphlet confirms the 132nd Infantry arrived in Japan on 8 September 1945 and served there until 15 November 1945.

6.  Department of the Army Pamphlet 672-1 provides the following information about the 132nd Infantry:

* Participated in Guadalcanal, Leyte, and Northern Solomons Campaigns
* Received occupation credit (Japan) from 8 September to 15 November 1945
* Received the Philippine Presidential Unit Citation for the period 17 October 1944 to 4 July 1945 by Department of the Army General Orders 47, dated 1950

7.  It further provides the following information about the 46th Engineer Construction Battalion:

* Participated in East Indies, Leyte, Luzon, and New Guinea Campaigns
* No Japan occupation credit although post-war service in Japan
* Inactivated in Japan on 15 March 1950
* Received the Philippine Presidential Unit Citation for the period 17 October 1944 to 4 July 1945 by Department of the Army General Orders 47, dated 1950

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It states the AOM is awarded for service of 30 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.  Qualifying service in Japan included service in the Japanese Home Islands, 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.  Department of the Army Pamphlet 672-1 determines which units were awarded qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the AOM with Japan Clasp.

2.  The applicant's WD AGO Form 53-55 lists his unit of assignment as the 46th Engineer Construction Battalion and he provides proof of his assignment to the unit.  Although this unit served in post-war Japan until 15 March 1950, it did not receive occupation credit for the AOM according to Department of the Army Pamphlet 672-1.

3.  The applicant states he served with the 132nd Infantry Regiment and arrived in Japan on 8 September 1945 with that unit.  Department of the Army Pamphlet 672-1 shows the 132nd Infantry Regiment received occupation credit for post-war Japan service from 8 September 1945 to 15 November 1945.  Unfortunately, there is no evidence to support the applicant's claim he arrived in Japan with the 132nd Infantry, or served the requisite 30 days.

4.  Additional evidence that casts doubt on the applicant's assignment to the 132nd Infantry Regiment is as follows:

   a.  Campaign Credit - the applicant received campaign credit for the Luzon Campaign.  The 46th Engineer Construction Battalion earned Luzon Campaign credit; the 132nd Infantry Regiment did not.

   b.  Branch of Service - the applicant's branch of service was CE; it is more likely he served in the 46th Engineer Construction Battalion, rather than the 132nd Infantry Regiment.
   
   c.  Military Occupational Specialty (MOS) - the applicant was a construction machine operator; it is more likely he served in his MOS in the 46th Engineer Construction Battalion than in the 132nd Infantry Regiment.

5.  While the sincerity of the applicant’s statements concerning his arrival in Japan with the 132nd Infantry Regiment is not in question, there simply is insufficient evidence to support granting this award without supporting documentation.

6.  The applicant and all others concerned should 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.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      ___________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)                                         AR20090017033



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ABCMR Record of Proceedings (cont)                                         AR20090017033



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