RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 August 2005 DOCKET NUMBER: AR20050001172 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Mr. Michael J. Fowler Analyst The following members, a quorum, were present: Ms. Barbara J. Ellis Chairperson Mr. Kenneth L. Wright Member Mr. Patrick H. Mcgann Jr. Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his records to show award of the Army of Occupation Medal (Japan). 2. The applicant states, in effect, that he served with the 303rd Infantry in the European theatre of operations until the end of May 1945. He stated that his organization returned to the United States and was assigned to Fort Bragg. He further states that at the end of August 1945 the 303rd Infantry was deployed to Japan were he performed duties as a guard from September 1945 through January 1946. 3. The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and a copy of an Honorable Discharge Certificate, dated 5 February 1946. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 5 February 1946. The application submitted in this case is dated 12 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant’s 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 that the applicant’s records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55. 4. The applicant's WD AGO Form 53-55 with the ending period 5 February 1946 shows he was inducted and entered active duty on 27 January 1943. Records show that he arrived in the European theater of operations on 3 March 1945 assigned to M Company, 303rd Infantry. He departed the European Theater of Operations on 18 January 1946. He was honorably discharged on 5 February 1946. 5. Item 31 (Military Qualification and Date) shows the Expert Infantryman Badge, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge (Carbine). 6. Item 33 (Decorations and Citations) shows the applicant was awarded the European-African-Middle Eastern Theater Campaign Medal with 2 bronze service stars, the American Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the Asiatic-Pacific Campaign Medal. 7. The 303rd Infantry is not listed in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) as being awarded occupation credit for Japan. 8. Department of the Army Pamphlet 672-1 lists the unit awards and campaign participation credit received by units serving during World War II. This document shows that the 303rd Infantry was awarded occupation credit for Germany for the period 2 May through 4 June 1945. 9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. 10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. 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. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945. DISCUSSION AND CONCLUSIONS: 1. Evidence of record of record shows that the applicant served in the European Theatre of Operations from 3 March 1945 through 18 January 1946 although his WD AGO Form also shows he was awarded the Asiatic-Pacific Campaign Medal. Evidence of record further shows that the 303rd Infantry is not listed in the Unit Citation and Campaign Participation Credit Register as being awarded occupation credit for Japan, therefore the applicant is not eligible for award of the Army of Occupation Medal (Japan). The applicant met the eligibility criteria for award of the Army of Occupation Medal with Germany clasp. This award should be added to his WD AGO Form 53-55. 2. Records show that the applicant received the Combat Infantryman Badge which makes him eligible for award of the Bronze Star Medal. The applicant's WD AGO Form 53-55 should be amended to add this award. 3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 February 1946, the date of his separation from active duty. The ABCMR was not established until 2 January 1947. As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse the failure to timely file. 4. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __ BJE __ __ KLW _ __ PHM _ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. 3. The Board determined that administrative errors in the records of the individual concerned should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the Army of Occupation Medal with Germany clasp. ___ Barbara J. Ellis ___ CHAIRPERSON INDEX CASE ID AR20050001172 SUFFIX RECON DATE BOARDED 9 August 2005 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY Mr. Chun ISSUES 1. 2. 3. 4. 5. 6.