BOARD DATE:	  30 August 2012

		DOCKET NUMBER:  AR20120004153 


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, 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.

2.  He states this medal was never mentioned while he was in the service.  He believes he is entitled to wear this medal because he served in the Asiatic-Pacific theater in Pupiong, Korea, under Japanese jurisdiction from 30 September 1945 to 13 February 1946.

3.  He provides his WD AGO Form 53-55 and a self-authored statement upon which an advertisement for purchasing the World War II Occupation Medal-Army is affixed.

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 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.  This case is being considered primarily using his WD AGO Form 53-55 provided by the National Personnel Records Center.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States at Fort MacArthur, CA, on 30 January 1943 and entered active service on 6 February 1943.  This form also shows his most significant duty assignment (i.e., his last duty assignment) at the time of his separation was with the 388th Ordnance Company.

4.  His WD AGO Form 53-55 further shows he completed 3 years, 1 month, and 6 days of creditable active service of which 4 months and 27 days were foreign service.  He departed the continental United States on 30 September 1945 and arrived in the Asiatic-Pacific theater on 26 October 1945.  He departed the Asiatic-Pacific theater on 13 February 1946 and returned to the continental United States on 26 February 1946.

5.  He was honorably discharged in the rank/grade of sergeant (temporary) on 5 March 1946.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded or authorized the:

* American Campaign Medal
* Asiatic-Pacific Campaign Medal
* Army Good Conduct Medal
* World War II Victory Medal

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.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.

7.  Army Regulation 600-8-22 specifies 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.

8.  Army Regulation 600-8-22 specifies that 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.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows World War II and Korean War Era units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal.  This pamphlet does not show the 388th Ordnance Company was awarded occupation credit for either Japan or Korea.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request was carefully considered and determined to lack merit.

2.  The evidence of record shows the applicant served in the Asiatic-Pacific theater from 26 October 1945 through 13 February 1946.  Army Regulation 
600-8-2 stipulates that for award of the Army of Occupation Medal, service between 3 September 1945 and 2 March 1946 will be counted only if the Asiatic-Pacific Campaign Medal was awarded for service before 3 September 1945.  In view of the fact that the applicant did not serve in the theater prior to 3 September 1945, he did not complete a qualifying period of service for award of this medal.  Therefore, 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 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 this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of 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)                                         AR20120004153



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ABCMR Record of Proceedings (cont)                                         AR20120004153



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