IN THE CASE OF: BOARD DATE: 24 May 2015 DOCKET NUMBER: AR20150009489 BOARD VOTE: ____X_____ ___X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 May 2015 DOCKET NUMBER: AR20150009489 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends correction of all Department of the Army records of the individual concerned by amending item 33 of his WD AGO Form 53-55 by adding the Army of Occupation Medal with Japan Clasp and the Meritorious Unit Commendation. _____________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. IN THE CASE OF: BOARD DATE: 24 May 2015 DOCKET NUMBER: AR20150009489 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 award of the Army of Occupation Medal with Japan Clasp based on his service in Korea from 3 September 1945 to 29 June 1949. 2. The applicant states he was not awarded the Army of Occupation Medal with Japan Clasp. 3. The applicant provides: * self-authored statement * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) (2 pages) * Army Review Boards Agency letter, dated 10 July 2015 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 were not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed his records were lost in that fire. However, there were sufficient documents in his NPRC reconstructed file to allow the Board to conduct a fair and impartial review of this case. 3. The applicant’s WD AGO Form 53-55 shows: a. He was inducted into the Army of the United States and entered active duty on 26 April 1944. He served in military occupational specialty 502 as an administration noncommissioned officer (NCO). b. He served in the Asiatic-Pacific Theater from 21 October 1945 to 24 March 1946. c. He was honorably separated on 13 April 1946, having completed 1 year, 11 months, and 18 days of creditable active duty service. Item 33 (Decorations and Citations) shows: * American Theater Ribbon (currently identified as the American Campaign Medal) * Asiatic Pacific Theater Ribbon (currently identified as the Asiatic-Pacific Campaign Medal) * Army Good Conduct Medal * World War II Victory Medal 4. The applicant’s WD Form 372-A (Final Payment – Work Sheet) confirms his previous organization or place as Headquarters, Korea Disposition Center, Army Post Office (APO) 901, prior to his 6 April 1946 arrival in the United States. REFERENCES: Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) established the eligibility of individual service members to receive campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and the Korean War based on an individual’s unit of assignment during a specified period of service. This pamphlet shows the Korea Disposition Center received occupation credit for Japan for the period from 20 December 1945 through 5 March 1946. In addition, General Orders Number 37 issued by Headquarters, U. S. Army Service Command awarded the Korea Disposition Center the Meritorious Unit Commendation for the period from 29 October 1945 through 25 March 1946 on 26 March 1946. DISCUSSION: 1. Evidence shows he was assigned to the Korea Disposition Center during a period that coincided with the period for which it was awarded occupation credit for Japan, thus he is authorized the Army of Occupation Medal with Japan Clasp. 2. His unit also received the Meritorious Unit Citation by general orders during his assigned period of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009489 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009489 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2