IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140012786
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, the son of a former service member (FSM), requests correction of the FSM's record to show the Army of Occupation Medal with Japan Clasp.
2. The applicant states the FSM served more than 30 consecutive days in the occupation of Japan with Company D, 182nd Infantry, Americal Division. The FSM was separated prior to the establishment of the award.
3. The applicant provides the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) and Honorable Discharge Certificate issued on
13 December 1945.
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 were not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed his records were lost 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. The applicant's WD AGO Form 53-55 shows that he:
a. was inducted into the Army of the United States on 2 June 1943 and entered active duty on 9 June 1943;
b. served as a heavy machine gun section leader;
c. was assigned to Company D, 182nd Infantry;
d. participated in the Northern Solomons and Southern Philippines campaigns;
e. was awarded the Asiatic-Pacific Campaign Medal, Philippine Liberation Ribbon with Bronze Service Star, Army Good Conduct Medal, Purple Heart, Bronze Arrowhead, World War II Victory Medal, Combat Infantryman Badge, and issued the Army Lapel Button;
f. served outside the continental United States in the Asiatic-Pacific Theater from 25 March 1944 to 18 November 1945; and
g. was honorably discharged on 13 December 1945 at Shelby, MS.
4. On 20 June 2014, he was awarded the Bronze Star Medal (Posthumously) for meritorious achievement while assigned to Company D, 182nd Infantry Regiment, 23rd Infantry Division.
5. Army Regulation 600-8-22 (Military Awards) states that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. For award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service 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 between 3 September 1945 and 27 April 1952.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists occupation credit granted to units during World War II. It shows the 182nd Infantry Regiment, Americal Division, received occupation credit for Japan for the period 25 October to 25 November 1945.
DISCUSSION AND CONCLUSIONS:
1. The FSM's WD AGO Form 53-55 shows his unit, 182nd Infantry Regiment, received occupation credit for Japan for the period 25 October to 25 November 1945. He departed the overseas theater on 18 November 1945 having served approximately 24 days (25 October-18 November 1945) of the period for which his unit received occupation credit.
2. The FSM did not serve the required 30 consecutive days at a qualifying location; therefore, he is not eligible for the Army of Occupation Medal with Japan Clasp.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ____x ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
____________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) AR20140012786
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ABCMR Record of Proceedings (cont) AR20140012786
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