IN THE CASE OF:
BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20090020827
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 he be awarded the Army of Occupation Medal (AOM) with Japan clasp.
2. The applicant states that he was never awarded the AOM w/Japan clasp; however, he was stationed in Japan and attended 12 weeks of schooling in Osaka, Japan.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and two pages from Department of the Army Pamphlet 672-1 (pages 37 and 38).
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 applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army in Milwaukee, Wisconsin on 30 December 1948 for a period of 3 years. He served as a medical technician and he served overseas in Korea and Japan for a period of 2 years and 1 month.
4. On 8 January 1953, he was discharged under honorable conditions at Camp Carson, Colorado. His DD Form 214 reflects that he was awarded the Korean Service Medal with five bronze service stars to denote his participation in five campaigns in Korea and the United Nations Service Medal.
5. His DD Form 214 also reflects that he attended surgical technician training at Osaka General Hospital for a period of 12 weeks.
6. In a 23 July 2003 letter in the applicant's records, the applicant stated, "I served with the 7th Infantry Div. in Japan. The unit was known as 7th detachment Ameds I was on detached duty with the 48th Field artillery at Camp Youngons, Japan."
7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) does not show that the 7th Infantry Division, to include Headquarters Detachment, Division Artillery, was ever awarded occupation credit for Japan. It does not that the 48th Field Artillery Battalion, 7th Infantry Division was ever awarded occupation credit for Japan. It does show that the 7th Medical Battalion, 7th Infantry Division was awarded occupation credit; however, it was for the period April 19 through 1 September 1945 for Okinawa.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal 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, and escort on temporary or detached duty are precluded from eligibility. 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 absence of records makes it difficult at best to determine what unit the applicant was assigned to in Japan. While he has highlighted the 7th Infantry Division on the supporting documents he provides, the 7th Infantry Division was never awarded occupation credit for Japan, nor were any of the other 7th Infantry Division units he indicated he was affiliated with.
2. Therefore, in the absence of evidence to show that he was assigned to a unit that was awarded occupation credit for Japan, there appears to be no basis to award him the AOM at this time.
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 the United States during the Korean War. 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) AR20090020827
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