IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120009793
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, his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show he served in Japan during World War II.
2. The applicant states:
* His military records were destroyed in the fire in 1973
* He served in Nagasaki, Japan during the occupation of ground zero during World War II
* His discharge document states he served in the Asiatic-Pacific Theater but nothing about where he was in Japan
* He arrived in Japan on 7 April 1946 and he returned to the United States in March 1947
3. The applicant provides:
* Certification of Military Service
* WD AGO Form 53-55
* Two eyewitness statements
* Obituaries
* Letter, dated 4 May 2012, from a Member of Congress
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 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His WD AGO Form 53-55 shows he enlisted in the Regular Army on 7 December 1945. He served in the Asiatic-Pacific Theater (APT) of operations from 7 April 1946 to 10 March 1947. On 4 May 1947, he was honorably discharged.
4. His WD AGO Form 53-55 shows he was awarded the Army of Occupation Medal (AOM).
5. There is no evidence in the available records which shows he served in Japan or Korea.
6. He provided two eyewitness statements from fellow Soldiers at the time in question who attest the applicant was in Nagasaki, Japan in 1946.
7. There is no provision to show duty assignments on the WD AGO Form 53-55.
8. Army Regulation 600-8-22 states the AOM 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. During the post-World War II period, AOMs were awarded with two clasps, Germany and Japan. The Japan Clasp was awarded:
a. For qualifying service in Japan, including 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 was qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.
b. For service in Korea between 3 September 1945 and 29 June 1949, inclusive. Service between 3 September 1945 and 2 March 1946 was qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.
DISCUSSION AND CONCLUSIONS:
1. Since there is no provision to show duty assignments on the WD AGO Form 53-55, there is no basis for granting the applicant's request to show he served in Japan during World War II.
2. He contends he served in Nagasaki, Japan during the occupation of ground zero during World War II.
3. It is acknowledged there is no evidence of record that shows he served in Japan during World War II. However, since his WD AGO Form 53-55 shows he served in the APT and he received the AOM, and he provided two eyewitness statements attesting to his service in Japan, it is reasonable to presume he received the AOM for service in Japan (as opposed to service in Korea). Therefore, his WD AGO Form 53-55 should be corrected to show the AOM with Japan Clasp.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 deleting the AOM from his WD AGO Form 53-55 and replacing it with 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 amending his WD AGO Form 53-55 to show he served in Japan.
_______ _ 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) AR20120009793
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ABCMR Record of Proceedings (cont) AR20120009793
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