IN THE CASE OF:	  

		BOARD DATE:  22 August 2013

		DOCKET NUMBER:  AR20120022070 


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, the Army of Occupation Medal with Japan Clasp.

2.  The applicant states he served in the Philippines from April 1945 to May 1946 and he did not receive the Army of Occupation Medal.

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and Honorable Discharge Certificate dated 8 June 1946.

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 the applicant’s records were lost or destroyed in that fire.  However, the applicant has provided sufficient documents to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 30 May 1944.

4.  On 5 February 1945, the applicant departed the United States en-route to the Asiatic-Pacific Theater of Operations.  He was assigned to the 341st Infantry Regiment, 86th Infantry Division on an unknown date and he participated in the Southern Philippines (Liberation) Campaign.  He returned to the United States on 7 May 1946.

5.  The applicant was honorably discharged on 8 June 1946.  His WD AGO Form 53-55 shows he was awarded the Asiatic-Pacific Theater Ribbon, the Good Conduct Medal, the World War II Victory Medal, and the Lapel Button.  It also shows that he qualified for the Expert Marksmanship Qualification Badge and the Combat Infantryman Badge.

6.  The 86th Infantry Division arrived in France on 4 March 1945 and moved to Koln, Germany on 24 March 1945.  After processing German prisoners of war, it was redeployed to the United States Arriving in New York on 17 June 1945.  The division trained briefly at Camp Gruber, Oklahoma from 21 June through 11 August 1945 and then left San Francisco on 24 August 1945 for the Philippines.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows World War II units that are authorized occupation credit and, therefore, entitled to the Army of Occupation Medal.  This pamphlet shows the unit to which the applicant was assigned was authorized occupation credit for the period 2 May through 30 May 1945 for participation in Germany.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is 

considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  A bronze service star is worn on the appropriate service ribbon for each credited campaign.

	c.  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.  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 applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence does not show he is authorized the Army of Occupation Medal with Japan Clasp.  Although his WD AGO Form 53-55 shows he was in the Asiatic-Pacific Theater of Operations, the available evidence shows that the unit to which he was assigned earn the Army of Occupation Medal for the time it was in the European Theater of Operations. 

3.  The applicable regulation 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.

4.  In view of the foregoing, the applicant's request should be denied.

5.  Evidence shows that the applicant's records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.


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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual should be corrected.  Therefore, the Board requests that the ARBA CMD:

	a.  Award him the Bronze Star Medal based on his award of the Combat Infantryman Badge.

	b.  Amend his WD AGO Form 53-55 to add the Bronze Star Medal and one bronze service star to be affixed to his already-awarded Asiatic-Pacific Theater Ribbon.




      _______ _  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)                                         AR20120022070





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ABCMR Record of Proceedings (cont)                                         AR20120022070



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