IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140002944
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-Japan through his Congressional representative.
2. The applicant states he served with Headquarters and Headquarters Company, 32d Infantry Division Artillery, in Japan within the qualifying period. His records were destroyed in the fire at the National Personnel Records Center.
3. The applicant provides no additional evidence.
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 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 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 1 October 1943 and entered active service on 22 October 1943.
4. His WD AGO Form 53-55 also shows:
a. He departed the continental United States on 10 May 1944 and arrived in the Western Pacific theater of operations on 2 June 1944. He departed the Western Pacific theater of operations on 14 November 1945 and arrived in the continental United States on 28 November 1945.
b. He was credited with participation in the Luzon, New Guinea, and "Philippines" campaigns.
c. He was awarded or authorized the Asiatic-Pacific Service Medal (currently known as the Asiatic-Pacific Campaign Medal), Army Good Conduct Medal, Philippines Liberation Ribbon, Philippine Presidential Unit Citation, World War II Victory Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.
d. He was discharged on 8 December 1945 by reason of demobilization.
5. 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.
6. 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 entitlement to the Army of Occupation Medal. Headquarters and Headquarters Company, 32d Infantry Division Artillery, was awarded occupation credit for Japan during the period 25 November 1945 through 20 February 1946.
DISCUSSION AND CONCLUSIONS:
1. The applicant's available records show he was assigned to Headquarters, 32d Infantry Division Artillery, during World War II. He served in the Western Pacific theater of operations from 2 June 1944 until 14 November 1945. Headquarters and Headquarters Company, 32d Infantry Division Artillery, was later awarded occupation credit for Japan during the period 25 November 1945 through 20 February 1946.
2. Regrettably, he is not authorized award of the Army of Occupation Medal-Japan based on the available evidence.
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 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 World War II. 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) AR20140002944
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ABCMR Record of Proceedings (cont) AR20140002944
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