IN THE CASE OF:
BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100013067
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, the daughter of a deceased former service member (FSM), requests award of the Army of Occupation Medal with Japan Clasp.
2. The applicant states, in effect, the medal was omitted from the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation).
3. The applicant provides a copy of:
* the FSM's Medical Certificate of Death
* the FSM's obituary in the "Northwest Herald" newspaper
* her Certificate of Birth
* the FSM's WD AGO Form 53-55
* three letters the FSM sent from Japan dated in December 1945 and January 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 FSM was inducted into the Army of the United States on 19 July 1943 and he entered active service on 9 August 1943. He served in the Asiatic-Pacific Theater of Operations (APTO) from 6 June 1944 to 19 January 1946 and he returned to the continental United States on 3 February 1946. He was honorably discharged by reason of demobilization on 13 February 1946.
3. The FSM's WD AGO Form 53-55 shows he participated in two campaigns (Air Offensive, Japan and Ryukyus) during his service in the APTO. Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows 3 Overseas Service Bars, Asiatic-Pacific Campaign Medal with two bronze service stars, Army Good Conduct Medal, Purple Heart, and the World War II Victory Medal as authorized awards. Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 shows he received the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).
4. The FSM's WD AGO Form 24 (Service Record) shows the entry "Participated in occupation of Japan 2 September 1945 to" and, in effect, he landed in Japan by plane on 9 September 1945. His WD AGO Form 24 also shows he was assigned to Headquarters, 11th A/B [Airborne] Division stationed at APO [Army Post Office] 468 Japan on 9 December 1945.
5. In support of her claim, the applicant provided three letters, dated in December 1945 and January 1946, the FSM sent to his parents from Japan. His return address shown on the envelopes is Headquarters, 11th A/B, APO 468.
6. Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation Medal with Japan Clasp, 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.
7. Army Regulation 600-45 (Decorations), effective 13 October 1949, provided in pertinent part, that the Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground
combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
DISCUSSION AND CONCLUSIONS:
1. The FSM served a period of qualifying service for award of the Army of Occupation Medal with Japan Clasp. Therefore, his WD AGO Form 53-55 should be corrected to show this award.
2. Based on award of the Combat Infantryman Badge, the FSM is also eligible for award of the Bronze Star Medal. Therefore, his WD AGO Form 53-55 should be corrected to show this award.
BOARD VOTE:
___X____ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
a. posthumously awarding the FSM the Bronze Star Medal (based on award of the Combat Infantryman Badge) and
b. adding to item 33 of the FSM's WD AGO Form 53-55 the Bronze Star Medal and the Army of Occupation Medal with Japan Clasp.
2. The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of the FSM's 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.
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