RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02796

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Army of Occupational Medal World War II Japan.

APPLICANT CONTENDS THAT:

He was stationed in occupied Japan for a minimum of 30 days from late 1945 to early 1946.  

In support of his request, he provides a narrative from his daughter; copies of his separation documents dated 9 Feb 46; fact sheets for the Army of Occupation Medal World War II, the 501st Bombardment Squadron, and the 375th Operations Group; a personal letter postmarked 13 Dec 45 with a return address showing he was assigned to the 375th Troop Carrier Group; and a summary of his assignments.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

According to documents provided by the applicant, he initially entered the Army Air Corps on 25 Oct 43.

On 9 Feb 46, according to documents provided by the applicant, he was furnished an honorable discharge, and was credited with 2 years, 3 months, and 15 days of active service as well as 9 months, 25 days of foreign service.  The applicant also received the Asiatic-Pacific Campaign Medal for this period of service.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. 

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice.  The Army of Occupation Medal is awarded for military service of 30 or more consecutive days of duty in one of the occupied territories after World War II.  Military service in the Asiatic-Pacific Theater between 3 Sep 45 and 2 Mar 46 shall only be considered if the service member received the applicable theater campaign medal for military service in the theater before the inclusive periods previously mentioned.  To qualify for the Army of Occupation Medal of Japan, members must have military service between 3 Sep 45 and 27 Apr 52, in the main and offshore islands of Japan, the Ryukyu Islands, and Bonin Volcano Islands.  After a thorough review of the applicant's limited official military personnel record, AFPC/DPSID was unable to verify award of the Army of Occupation Medal with Japan Clasp.  Per the applicant's Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55), the applicant served in the Asiatic Pacific Theater from 8 Apr 45 to 21 Jan 46 and participated in the Air Offensive Japan, China, Luzon, and Western Pacific Campaigns; however, yet there is no documentation verifying the applicant's location or that he served for 30 or more consecutive days in the area of eligibility for award Army of Occupation Medal with Japan Clasp. 

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 Dec 15 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-02796 in Executive Session on 20 Sep 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 6 Oct 15.
	Exhibit D.  Letter, AFBCMR, dated 8 Dec 15.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.