MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 September 2000                   
	DOCKET NUMBER:   AR2000041738

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his Report of Separation, WD AGO Form 53-55, item 33 be amended to add the Army of Occupation Medal – Japan.

APPLICANT STATES:  The applicant makes no additional statement but provides General Orders which show his unit was awarded the meritorious Service Unit Plaque for service in Japan.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from alternate sources.

The applicant was inducted into the Army on 27 March 1943 and entered active duty on 3 April 1943.  He arrived in New Guinea on 1 May 1944 and departed on 25 December 1945.  On 18 January 1946, he was honorably discharged.  His WD AGO Form 53-55 shows he was assigned to Company C, 153d Engineer Construction Battalion at the time of his separation and apparently was so assigned during most of his service.

General Orders 191, Headquarters Eighth Army, dated 14 December 1945 show
the 153d Engineer Construction Battalion was awarded the Meritorious Service Unit Plaque for superior performance of duty in Japan from 20 September 1945 to 20 November 1945.

Department of the Army Pamphlet 672-1 shows that the 153d Engineer Construction Battalion did not receive occupation credit.

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the Army of Occupation Medal was established by War Department General Orders 32, 1946.  It is awarded for service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service) while assigned to a number of areas.  The Army of Occupation Medal – Japan is awarded for eligible service in Japan between 3 September 1945 and 27 April 1952.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Although General Orders 191 indicate that the applicant’s battalion performed duty in Japan during a period of time the Army of Occupation Medal - Japan would have been authorized, Department of the Army Pamphlet 672-1 does not show that the battalion was awarded occupation credit.  Absent evidence to the contrary, the Board concludes that Japan was not the battalion’s normal post of duty during the period in the General Orders and so the applicant is not authorized award of the Army of Occupation Medal – Japan.

2.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__cmf___  __fe____  __cjs___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000041738	
SUFFIX		
RECON		
DATE BOARDED	20000912	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0067	
2.		
3.		
4.		
5.		
6.