IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130019381
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 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. The applicant states, in effect, he performed 6 weeks or more of occupation duty in Matsuyama, Shikoku, Japan, following his infantry combat in the Philippines between 1944 and 1945. He further states a company clerk failed to place the Japan assignment on his discharge papers which has resulted in him being denied the medal.
3. The applicant provides a self-authored statement and a copy of his WD AGO Form 53-55.
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 record is 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 his records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered primarily using his WD AGO Form 53-55 and several documents provided by the National Personnel Records Center, St. Louis, MO.
3. His WD AGO Form 53-55 contains the following pertinent information:
* he enlisted in the Army of the United States on 10 June 1942 and entered active duty on 21 July 1942
* his military occupational specialty was 745 (Rifle Noncommissioned Officer)
* his unit of assignment was Company B, 34th Infantry Regiment
* he served in the Pacific Theater from 13 October 1944 until his departure enroute to the continental United States (CONUS) on 4 December 1945
* he held the rank/grade of staff sergeant at the time of separation
* he was honorably discharged on 14 January 1946 after completing a total of 3 years, 7 months, and 5 days of active military service
* he served a total of 1 year, 2 months, and 22 days in CONUS
* he served a total of 1 year, 3 months, and 2 days foreign service
4. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the New Guinea, South Philippines, and Luzon campaigns of World War II (WWII).
5. His WD AGO Form 53-55 shows he was awarded or authorized the:
* Purple Heart
* American Service Medal (properly known as the American Campaign Medal)
* WWII Victory Medal
* Asiatic Pacific Service Medal with three bronze service stars
* Philippine Liberation Ribbon with one bronze service star
* Good Conduct Medal
* Combat Infantryman Badge
6. 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. 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, escort, temporary, or detached duty are precluded from eligibility.
7. Department of Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), does not cite the 34th Infantry Regiment for occupation credit for Japan.
DISCUSSION AND CONCLUSIONS:
Notwithstanding the applicant's contentions and sincerity, Department of Army Pamphlet 672-1 does not cite the 34th Infantry Regiment for occupation credit for Japan. Regrettably, there is insufficient evidence to show he is eligible for the Army of Occupation Medal with Japan Clasp. Therefore, it would be inappropriate to add this award to his WD AGO Form 53-55.
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 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 during WWII. 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) AR20130019381
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130019381
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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