IN THE CASE OF:
BOARD DATE: 12 August 2010
DOCKET NUMBER: AR20100007706
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 with Japan Clasp.
2. The applicant states, in effect, he was married in Japan and received an award from his command to prove he served during the occupational period.
3. The applicant provides the following:
* A copy of a certificate of proficiency, dated 27 October 1951, Japan Logistical Command
* A copy of a letter of commendation, dated 28 November 1952, Headquarters, Sasebo Detachment Moji Port
* A copy of a Form Number 87 (Foreign Service) certificate of marriage
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 in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted in the Army of the United States on 6 February 1951. He completed a total of 2 years, 9 months, and 27 days net service for pay and 2 years, 3 months, and 24 days of foreign service. His DD Form 214 shows he voluntarily extended on 26 November 1952 for a period of 1 year. He was honorably discharged on 2 December 1953.
4. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Korean Service Medal, the United Nations Service Medal, and the National Defense Service Medal.
5. Item 28 (Most Significant Duty Assignment) of his DD Form 214 shows the entry, "Sasebo Port 8072d AU APO 27."
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II. The pamphlet contains no unit listing for the Japan Logistical Command, Sasebo Detachment Moji Port, or for Sasebo Port 8072nd AU.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty 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, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Army of Occupation Medal with Japan Clasp was carefully considered; however, it is not supported by the evidence.
2. There is no evidence of record, and the applicant has not provided any, to show he served in a unit which was awarded occupation credit for Japan. In view of the foregoing, there is insufficient evidence to grant the award of the Army of Occupation Medal with Japan Clasp.
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) AR20100007706
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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