BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20110001131 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the following:

* He served as a military policeman
* He volunteered to transfer from the Army Air Corps to the infantry
* He was transferred from the infantry to the 365th Field Artillery Battalion around 12 April 1945
* Award of the Army of Occupation Medal for both Germany and Japan for having served from 1 April through 10 December 1945

2.  The applicant states his record does not include his service as he indicated above and he wants to ensure his children and grandchildren have an accurate account of his U.S. Army service during World War II.

3.  The applicant provides no additional evidence.

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 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's available records show he was inducted into the Army of the United States on 15 May 1943 and entered active duty status in Seattle, WA on 22 May 1943.  This form also shows at the time of separation he held military occupational specialty (MOS) 060 (Cook).

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 20 March 1944 and arrived in European-African-Middle Eastern (EAME) Theater of Operations on 27 March 1944.  He departed the EAME Theater of Operations on 16 June 1945 and arrived in CONUS on 24 June 1945.

5.  His WD AGO Form 53-55 also shows he departed CONUS on 1 September 1945 and arrived in the Asiatic-Pacific (AP) Theater of Operations on 4 October 1945.  He departed the AP Theater of Operations on 10 December 1945 and arrived in CONUS on 24 December 1945.  

6.  His last unit of assignment was the 365th Field Artillery Battalion.  The available record does not list any other unit assignments.

7.  On 26 December 1945, he was honorably discharged by reason of demobilization.  He completed 1 year and 6 days of continental service and 1 year, 6 months, and 28 days of foreign service.

8.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Naples-Foggia, Rome-Arno, Normandy, and Rhineland campaigns during his service in World War II.

9.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the Distinguished Unit Badge, World War II Victory Medal, American Theater Service Medal, Asiatic-Pacific Service Medal, European-African Middle Eastern Campaign Service Medal, and the Army Good Conduct Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Army of Occupation Medal is awarded for service with 30 consecutive days at a normal post of duty in a qualifying location:

	a.  For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  

	b.  For or 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.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) does not show that the 365th Field Artillery Battalion was awarded Germany Occupation credit or Japan Occupation credit during World War II.

12.  Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service.  In pertinent part, it states all entries on the WD AGO Form 53-55 apply only to the current period of active duty.  In item 6 (Organization) of the WD AGO Form 53-55 enter the last unit, or similar element to which the Soldier was assigned, and in item 30 (MOS and Number) enter the MOS title and number the Soldier held at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The governing regulation states the WD AGO Form 53-55 reflects the conditions and circumstances that existed at the time the form was created.  As such, it is presumed in the absence of evidence to the contrary that the applicant's WD AGO Form 53-55 accurately reflects the MOS he held at the time of discharge and his last unit of assignment.  

2.  With respect to award of the Army of Occupation Medal with Germany Clasp and the Army of Occupation Medal with Japan Clasp, the available evidence shows the applicant's unit was not awarded occupation credit for Germany or Japan.  Therefore, he does not qualify for award of the Army of Occupation Medal with Germany Clasp or the Army of Occupation Medal with Japan clasp. 

3.  In view of the foregoing, he is not entitled to the requested relief.

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 he made in service to our Nation.  The applicant and all Americans should be justifiably proud 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)                                         AR20110001131



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ABCMR Record of Proceedings (cont)                                         AR20110001131



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