IN THE CASE OF:
BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110020236
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 award of the Army of Occupation Medal with Japan Clasp.
2. The applicant states, in effect, he was a member of Company B, 361st Engineer Special Service Regiment. He worked with this unit several months extending the runways at the former Japanese airbase, Itami, Honshu, Japan. The error omitting the above award occurred during the mustering out process. At the time he was not aware of this award.
3. The applicant provides his WD AGO Form 53-55 and Honorable Discharge Certificate.
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 his 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. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 February 1943 and entered active duty in Boston, MA, on 4 March 1943. This form also shows that at the time of separation he held military occupational specialty 121 (Utility Repairman General Mechanic) and he was assigned to Company B, 361st Engineer Special Service Regiment.
4. His WD AGO Form 53-55 also shows:
* he departed the continental United States (CONUS) on 5 October 1944 and he arrived in the European theater of operations (ETO) on 14 October 1944
* he departed the ETO on 21 July 1945 and he arrived in the Asiatic Pacific Theater (ATP) on 26 August 1945
* he departed the ATP on 27 January 1946 and he arrived back in CONUS on 7 February 1946
5. He completed 1 year, 7 months, and 11 days of continental service and
1 year, 4 months, and 3 days of foreign service. He was honorably separated on 17 February 1946.
6. Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows he was awarded the Expert Marksmanship Qualification Badge.
7. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Rhineland campaign during World War II (WWII).
8. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the:
* Good Conduct Medal
* European-African-Middle Eastern Campaign Medal
* Asiatic-Pacific Theater Campaign Ribbon
* American Theater Campaign Ribbon
* World War II Victory Medal
9. Department of the Army 672-1 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining and establishing the eligibility of individuals for campaign participation credit, assault landing, unit citation emblems, and occupation duty credit during World War II and the Korean War. This pamphlet does not show the 361st Engineer Special Service Regiment was awarded occupation credit for Japan.
10. 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. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. 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.
DISCUSSION AND CONCLUSIONS:
The applicant's service with the 361st Engineer Special Service Regiment in the ATP is not in question. However, there is no indication his unit was awarded occupation credit for Japan or that he served a qualifying period of service in the Japanese home islands, the Ryukyu Islands, or the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952. Therefore, there is insufficient evidence to award him 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) AR20110020236
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110020236
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120022070
Army Regulation 600-8-22 (Military Awards) states: a. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. _______ _ 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.
ARMY | BCMR | CY2003 | 2003083933C070212
He provides his WD AGO Form 100 (Separation Qualification Record), his WD AGO Form 53-55 (Enlisted Record and Report of Separation), and a copy of an envelope postmarked 24 November 1945 with a return address of Army Post Office (APO) 317 as supporting evidence. The applicant's WD AGO Form 53-55 shows that he was awarded the American Theater Campaign Medal, the Asiatic-Pacific Campaign Medal with one bronze service star, the Army Good Conduct Medal, the World War II Victory Medal, and the...
ARMY | BCMR | CY2001 | 2001063125C070421
Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, will show whether or not a World War II unit was authorized occupation credit and, thus, entitlement to the Army Occupation Medal. The evidence of record also indicates the applicant is entitled to the AOM with Japan Clasp and credit for participation in the Luzon Campaign. That all of the Department of the Army records related to this case be corrected by issuing to the...
ARMY | BCMR | CY2014 | 20140016093
The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of his deceased father, a former service member (FSM), be corrected to show his unit awards during World War II. The FSM's records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 33 of the FSM's WD AGO Form 53-55 the Philippine Presidential Unit Citation...
ARMY | BCMR | CY2010 | 20100019379
The applicant states that he has new evidence to show he served in the Philippines and Japan with the 132d Infantry Regiment. Army Regulation 600-8-22 states the Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 33 of his WD AGO Form 53-55 the: * Army of Occupation...
ARMY | BCMR | CY2012 | 20120004153
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Army of Occupation Medal with Japan Clasp. This case is being considered primarily using his WD AGO Form 53-55 provided by the National Personnel Records Center. 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.
ARMY | BCMR | CY2011 | 20110023550
The applicant states his records do not show his service in Japan. The applicant's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of his WD AGO Form 53-55 the Asiatic-Pacific Campaign Medal with one bronze service star, and b. adding to item 33 his WD AGO Form 53-55 the: * Asiatic-Pacific Campaign Medal with two bronze service stars *...
ARMY | BCMR | CY2012 | 20120006107
The applicant requests award of the Army of Occupation Medal with "Korea" Clasp. The applicant's complete military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding the Army of Occupation Medal with Japan Clasp to his WD AGO Form 53-55 * issuing the applicant the Army of Occupation Medal with Japan Clasp 2.
ARMY | BCMR | CY2013 | 20130019625
The applicant requests correction of his records to show he was awarded the Army of Occupation Medal with Japan Clasp. 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. The applicant's military records are not available...
ARMY | BCMR | CY2012 | 20120009793
The applicant states: * His military records were destroyed in the fire in 1973 * He served in Nagasaki, Japan during the occupation of ground zero during World War II * His discharge document states he served in the Asiatic-Pacific Theater but nothing about where he was in Japan * He arrived in Japan on 7 April 1946 and he returned to the United States in March 1947 3. There is no evidence in the available records which shows he served in Japan or Korea. However, since his WD AGO Form...