IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120003683
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army of Occupation Medal with Japan Clasp.
2. The applicant states:
* he was stationed in the Far East Command (FECOM) from 12 November 1951 to 27 December 1951 and never received the medal
* he completed the Wheeled Vehicle Mechanic's Course at Etajima, Japan
* he was assigned to the Japan Logistical Command (JLC) and lived in the enlisted student's dormitory
3. The applicant provides:
* DD Form 214
* two Department of Veterans Affairs Forms 21-4138 (Statement in Support of Claim), dated 8 February 2012
* Japan Logistical Command (JLC) Form 96 (Certificate of Proficiency), dated 27 December 1951
* witness statement
* 6-page extract of the First Service School, Japan Maritime Self Defense Force, Etajima
* photograph
* 9-page Internet extract from NavSource.org on the U.S.S. General William Wiegel
* Far East Command (FECOM) Form 418 (Certificate Regarding Restrictions on Disclosure of Military Information)
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 that the applicant's records were lost or destroyed in that fire. However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows:
* he was inducted into the Army of the United States and entered active military service on 1 March 1951
* his military occupational specialty was 1014 (Wheeled Vehicle Mechanic)
* he completed 1 year, 3 months, and 17 days of foreign service
* he attended the FECOM Ordnance School during the period 12 November 1951 to 27 December 1951
* he was honorably released from active duty on 21 February 1953 in the rank/grade of private first class/E-3
4. The applicant provides a JLC Certificate of Proficiency showing he completed a 7-week wheeled vehicle mechanic course on 27 December 1951.
5. A witness statement indicates the applicant departed from San Francisco on the U.S.S. General William Wiegel for Japan. The applicant also sent the witness' sister fine china from Japan.
6. The applicant provides a 6-page extract of the First Service School, Japan Maritime Self Defense Force, Etajima. The extracts consist of maps of Etajima and its surroundings, the history of Etajima, and objectives of the Officers Candidate School.
7. The applicant provides a photograph of ships he states were taken in Japan and a 9-page web extract from NavSource.org on the U.S.S. General William Wiegel. The extracts show the ship's timeline, awards and campaigns, and the source of the information provided.
8. The applicant provides a FECOM Form 418 which shows he was assigned to the Sasebo Replacement Depot 8068th Army Unit Replacement Unit in FECOM.
9. 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. The Army of Occupation Medal is awarded for service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service) at defined locations.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Army of Occupational Medal with Japan Clasp was carefully considered.
2. Although the applicant's DD Form 214 and JLC Certificate of Proficiency confirm he served a period of service in Japan, he was in a temporary duty status attending training. Therefore, he is not entitled to award of the Army of Occupational Medal with Japan Clasp.
3. In view of the foregoing, there is no basis to recommend granting the requested relief.
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) AR20120003683
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