IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110023550
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 his records do not show his service in Japan.
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 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 (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant's reconstructed record shows he was inducted into the Army of the United States on 10 February 1943 and he entered active service on 17 February 1943 at New York City, NY. At the time of his separation, he held military occupational specialty 056 (Mail Clerk) and he was assigned to the 186th Infantry Regiment, 41st Infantry Division.
4. His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he departed the continental United States (CONUS) on 6 February 1944 and arrived in the Southwest Pacific Theater of Operations (SWPTO) on 3 March 1944. He departed the SWPTO on 19 September 1945 and arrived in the West Pacific Theater of Operations (WPTO) on 7 October 1945. He departed the WPTO on 26 December 1945 and arrived back in CONUS on 10 January 1946.
5. He was honorably discharged on 18 January 1946 at Fort Dix, NJ. He completed 11 months and 27 days of continental service and 1 year, 11 months, and 5 days of foreign service.
6. The WD AGO Form 53-55 he was issued shows in item 32 (Battles and Campaigns) he participated in the New Guinea and Southern Philippines campaigns.
7. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the:
* Philippine Liberation Ribbon with one bronze service star
* Army Good Conduct Medal
* Asiatic-Pacific Campaign Medal
* World War II Victory Medal
8. 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.
9. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and members
for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty for World War II. This pamphlet shows the 186th Infantry Regiment, 41st Infantry Division, received occupation credit for Japan during World War II for the period 25 October through 20 January 1946.
10. Army Regulation 600-8-22 contains the regulatory guidance on the Asiatic-Pacific Campaign Medal. It states that a bronze service star is authorized with this award for each campaign a member is credited with participating in.
DISCUSSION AND CONCLUSIONS:
1. The reconstructed record shows the applicant's unit received occupation credit for Japan during the period he was assigned to the unit. Therefore, he is entitled to the Army of Occupation Medal with Japan Clasp and correction of his WD AGO Form 53-55 to show this award.
2. The applicant's WD AGO Form 53-55 shows the Asiatic-Pacific Campaign Medal with one bronze service star. However, he participated in two campaigns while serving in World War II. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Asiatic-Pacific Campaign Medal and correction of his WD AGO Form 53-55 to show two bronze service stars.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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. 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 of Occupation Medal with Japan Clasp
____________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) AR20110023550
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023550
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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