IN THE CASE OF:	  

		BOARD DATE:	  27 November 2012

		DOCKET NUMBER:  AR20120004448 


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 DD Form 214 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Army of Occupation Medal with Japan Clasp.

2.  The applicant states he was awarded the Asiatic-Pacific Campaign Medal with Japan Clasp because the Army of Occupation Medal with Korea Clasp was not available.  He wants his records corrected and the appropriate medal sets.

3.  The applicant provides a copy of his DD Form 214 and a letter from the National Personnel Records Center (NPRC), St. Louis, Missouri.
 
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 complete military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 29 April 1946.  He was awarded military occupational specialty 348 (Parts Clerk).

4.  The applicant's WD Form 372A (Final Payment – Work Sheet) for May 1947 shows he:

* received foreign service pay for the period 1 March through 24 April 1947
* received furlough rations for the period 29 April to 21 May 1947 while he was on terminal leave

5.  The applicant's DD Form 214 shows he entered this period of active service on 29 April 1946 and was honorably discharged on 21 May 1947 in the rank of private first class.  He completed 8 months and 2 days of continental service, 4 months and 21 days of foreign service, and 1 year and 23 days of total active service.  It also shows in:

	a.  item 6 (Organization) – 81st Ordnance Tank Maintenance Company,

	b.  item 31 (Qualification and Date – Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar,

	c.  item 33 (Decorations and Citations) – World War II Victory Medal, and

	d.  item 36 (Service Outside Continental United States and Return) – Pacific theater of operations from 7 December 1946 through 8 April 1947.

6.  The applicant provides a copy of an NPRC letter, dated 15 February 2012, that shows "no record has been found to show that you are authorized the Army of Occupation [with] Germany [sic] Clasp."  The letter also explains wearing of the "Germany" and "Japan" clasps on the Army of Occupation Medal and that "clasps bearing any other inscriptions are not authorized."

7.  Korea Base Command records show the 81st Ordnance Tank Maintenance Company was stationed in the Republic of Korea in 1947.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
	a.  The Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific theater of operations between 7 December 1941 and 2 March 1946.  Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

	b.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location while assigned to the Army of Occupation of Korea.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant arrived in the Pacific theater of operations on 7 December 1946.  The qualifying period for award of the Asiatic-Pacific Campaign Medal based on permanent assignment in the Asiatic-Pacific theater of operations was between 7 December 1941 and 2 March 1946.  Thus, the applicant did not qualify for award of the Asiatic-Pacific Campaign Medal.

2.  The applicant served on permanent assignment in the Pacific theater of operations from 7 December 1946 to 8 April 1947.  The qualifying period for award of the Army of Occupation Medal with Japan Clasp for the Army of Occupation of Korea was between 3 September 1945 and 29 June 1949.

   a.  The evidence of record shows the 81st Ordnance Tank Maintenance Company was under the jurisdiction of Korea Base Command in 1947.

   b.  While it cannot be precisely determined from the available evidence of record, any reasonable doubt that the unit received occupation credit during the period of service that is under review should be resolved in the applicant’s favor.

   c.  Thus, the applicant’s records should be corrected to show award of the Army of Occupation Medal with Japan Clasp.


BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 adding the Army of Occupation Medal with Japan Clasp to item 32 of his DD Form 214.



      _____________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)                                         AR20120004448



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120004448



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1