IN THE CASE OF:
BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150001003
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 he is requesting this medal because he feels he is entitled to it.
3. The applicant provides his WD AGO Form 53-55 and three pages titled Army of Occupation Medal.
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 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 the applicant's records were lost or destroyed in that fire. However, he provided his WD AGO 53-55 which is sufficient for the Board 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 and he entered active duty on 31 March 1945. At the time of his separation, he held military occupational specialty 345 (Light Truck Driver) and his last unit of assignment was with Headquarters and Headquarters Company (HHC), 15th Replacement Depot, Le Havre, France. The specific dates of his service in this unit are not shown.
4. His WD AGO Form 53-55 shows he departed the United States on 7 October 1945 and he arrived outside the continental United States (OCONUS) in the Asiatic-Pacific Theater (APT) of Operations on 23 October 1945. The date he departed OCONUS is not shown but he arrived back in CONUS on 8 October 1946.
5. He was honorably discharged on 28 November 1946 at Fort Bragg, NC. He completed 1 year, 8 months, and 21 days of creditable active service of which 8 months and 19 days was service in CONUS and he had 1 year and 2 days of foreign service.
6. His WD AGO Form 53-55 shows he was awarded or authorized the:
* Army Good Conduct Medal (1st Award)
* World War II Victory Medal
* Expert Infantryman Badge
* Marksmanship Qualification Badge with Machine Gun Bar
(30 Cal)
* Marksmanship Qualification Badge with Rifle Bar (M-1)
7. Department of the Army Pamphlet 623-1 (Unit Citation and Campaign Participation Credit Register) shows the 15th Replacement Depot was located in the European Theater of Operations (ETO) and was credited with participation in the Northern France Campaign from 25 July 1944 to 14 September 1944.
8. Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation Medal with Japan Clasp, qualifying service of 30 consecutive days at a normal post of duty in a qualifying location 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:
Entitlement to the Army of Occupation Medal with Japan Clasp requires a Soldier to have qualifying service in a unit that had been awarded occupation duty credit for a specific geographic area. While it appears the applicant initially departed the United States and arrived in the APT on 23 October 1945, it cannot be verified what unit he may have been assigned to while there or for how long. His WD AGO 53-55 shows his last unit of assignment was with HHC, 15th Replacement Depot, France. Regrettably, in the absence of evidence that shows he had qualifying service in a unit that received occupation credit for Japan, there is insufficient evidence for granting the requested relief.
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) AR20150001003
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ABCMR Record of Proceedings (cont) AR20150001003
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