IN THE CASE OF BOARD DATE: 8 July 2014 DOCKET NUMBER: AR20130019625 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 records to show he was awarded the Army of Occupation Medal with Japan Clasp. 2. The applicant states he served with the 1896th Engineer Aviation Battalion in Japan during the time required. 3. The applicant provides copies of correspondence from his daughter with attachments showing his Good Conduct Ribbon orders, a narrative of the applicant's service, other military related documents, and a letter from his Senator's office. 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 are not available 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, there are sufficient documents available to conduct a fair and impartial review of this case. 3. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows: a. he was inducted into the Army of the United States on 24 February 1943 and entered active duty on 3 March 1943; b. he served as an automotive mechanic with the 1896th Engineer Aviation Battalion; c. he served in the Southwest Pacific Theater of Operations from 24 December 1944 to 8 October 1945 and arrived in the Central Pacific Theater of Operations on 19 October 1945. He returned to the United States on 19 January 1946; d. he participated in the New Guinea and Luzon campaigns; e. he was awarded the Philippine Liberation Ribbon with bronze star, Good Conduct Medal, Asiatic-Pacific Theater Service Medal, the American Theater Medal, two Overseas Service Bars, and the Honorable Service Lapel Button; f. on 8 February 1946, he was honorably discharged at Camp McCoy, Wisconsin; and g. he was credited with 1 year, 9 months, and 9 days of Continental United States service and 1 year, 1 month, and 21 days of foreign service. 4. Army Regulation 600-8-22 (Military Awards): a. for award of the Army of Occupation Medal with Japan Clasp, 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; and b. the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 1896th Engineer Aviation Battalion Regiment: a. was cited for award of the Philippine Presidential Unit Citation for the period 17 October 1944-4 July 1945 in Department of the Army General Orders Number 47, dated 1950; and b. received occupation credit for Japan from 15 November 1945 through 5 March 1946. DISCUSSION AND CONCLUSIONS: 1. The evidence clearly shows the applicant was eligible for the Army of Occupation Medal with Japan Clasp and he served during a qualifying period for award of the World War II Victory Medal. 2. During the applicant's service in the Philippines, his unit was cited for award of the Philippine Presidential Unit Citation. 3. In view of the above, the applicant's request should be granted. BOARD VOTE: ___X____ ___X___ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing, in addition to the awards already shown on the applicant's WD AGO Form 53-55, that his awards include the Army of Occupation Medal with Japan Clasp, Philippine Presidential Unit Citation, and the World War II Victory Medal. _______ _ 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) AR20110013878 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130019625 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1