IN THE CASE OF:
BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100026214
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 he was not awarded the Army of Occupation Medal with Japan Clasp for his service in Yokohama, Japan, from 1951 to 1953.
3. The applicant provides an extract of the Veterans of Foreign Wars (VFW) Manual of Procedure and Ritual.
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 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 applicants 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 applicants DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he entered active duty in New York City, NY, on 11 May 1951. This form also shows at the time of his separation, his most significant duty assignment was Headquarters and Headquarters Company, 2nd Major Port.
4. His DD Form 214 also shows he completed 1 year, 10 months, and 24 days of active service. He was honorably separated on 4 April 1953. This form also shows in:
a. item 26 (Foreign and/or Sea Service), completion of 1 year, 5 months, and 20 days of foreign service during the period covered by this DD Form 214; and
b. item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Korean Service Medal and the United Nations Service Medal.
5. He provides an extract of the VFW Manual of Procedure and Ritual that shows the Army of Occupation Medal with Japan Clasp is authorized for service from 3 September 1945 to 27 April 1952.
6. Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.
a. For Japan, the regulation states 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.
b. For Korea, the regulation states for award of the Army of Occupation Medal with Japan Clasp for the Army of Occupation of Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive. 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 applicant served on active duty from 11 May 1951 to 4 April 1953. He completed 1 year, 5 months, and 20 days of foreign service. His awards of the Korean Service Medal and the United Nations Service Medal suggest he served in Korea at the time. For award of the Army of Occupation Medal with Japan Clasp for the Army of Occupation of Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive. This is not the case here.
2. For Japan, 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. However, nowhere in his records does it show he served in Japan, Ryukyu Islands, or the Bonin-Volcano Islands. Absent additional documentary evidence that shows service of 30 consecutive days at a normal post of duty in a qualifying location, there is insufficient evidence to award him this medal.
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) AR20100026214
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ABCMR Record of Proceedings (cont) AR20100026214
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