BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120006107 


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 "Korea" Clasp.

2.  The applicant states this award is not shown on his separation document because it wasn't authorized until after he was separated from active duty.

3.  The applicant provides:

* his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* WD AGO Form 100 (Separation Qualification Record)
* description of Army of Occupation Medal

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 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 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.  His reconstructed record shows he was inducted into the Army of the United States on 22 July 1943 and he entered active service on 12 August 1943 at Lucas, OH.  At the time of his separation, he held military occupational specialty 3601 (Antiaircraft Artillery (AAA) Automatic Weapons Crewman) and he was assigned to Battery C, 834th AAA Automatic Weapons Battalion.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 22 January 1945 and arrived in the Asiatic-Pacific (AP) theater on 29 January 1945.  He departed the AP theater on an unknown date and arrived in CONUS on 5 March 1946.

5.  He was honorably discharged on 14 March 1946 at Camp Atterbury, IN.  He completed 1 year, 5 months, and 18 days of continental service and 1 year, 1 month, and 14 days of foreign service.

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Ryukyus campaign.

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded or authorized the:

* American Theater Ribbon
* Asiatic-Pacific Campaign Theater Ribbon with one bronze service star
* Army Good Conduct Medal
* World War II Victory Medal

8.  Army Regulation 600-8-22 (Military Awards) states 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) while assigned to any of the following:

	a.  Army of Occupation of Japan between 3 September 1945 and 27 April 1952 in the four main islands of Hokkaido, Honshu, Shikoku, and Kyushu, the surrounding smaller islands of the Japanese homeland, the Ryukyu Islands, and the Bonin-Volcano Islands.  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;

	b.  Army of Occupation of Korea between 3 September 1945 and 29 June 1949, inclusive.  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; and

	c.  Soldiers who served in the Far East theater during the occupation of the Far East will wear the Army of Occupation Medal Clasp inscribed "Japan."  Clasps bearing other inscriptions are not authorized.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and the Korean War.  This pamphlet shows the 834th AAA Automatic Weapons Battalion received occupation credit for Japan during the period 15 September 1945 through 5 March 1946.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant's unit received occupation credit for Japan during his period of assignment.  Therefore, he is entitled to award of the Army of Occupation Medal with Japan Clasp and correction of his WD AGO Form 53-55 to show this medal.

2.  With respect to the Army of Occupation Medal with "Korea" Clasp, clasps bearing other inscriptions are not authorized.  Therefore, he is not entitled to the requested relief.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 his WD AGO Form 53-55
* issuing the applicant the Army of Occupation Medal with Japan Clasp

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army of Occupation Medal with "Korea" 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)                                         AR20120006107



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ABCMR Record of Proceedings (cont)                                         AR20120006107



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