IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150010830 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150010830 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show the applicant's first name as Raymond and provide the applicant a corrected copy of the Record of Proceedings (ABCMR Docket Number AR20140016944), as well as the notification of results letter. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices he made during his service to our Nation. The applicant and all Americans can be justifiably proud of his service in arms. _____________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: 18 August 2016 DOCKET NUMBER: AR20150010830 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, in effect: a. Correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the award of the Army of Occupation of Korea Medal and the Asiatic-Pacific Campaign Medal. b. An explanation as to why his WD AGO Form 53-55 shows the award of the Army of Occupation of Japan Medal when he never served in Japan. 2. He also requests correction of the letter signed by the Director, Army Board for Correction of Military Records (ABCMR) pertaining to the previous Record of Proceedings (ABCMR Docket Number AR20140016944) to show his first name as Raymond instead of Adam. 3. The applicant states, in effect: * he had submitted an earlier application to the Board (AR20140016944) in which his name was incorrectly displayed; he requested his name be correctly shown * in the earlier case, he had requested the award of the Korean Service Medal; this request was denied and he understands his service in Korea did not meet the timeframe specified for that award * he did, however, serve in Korea and his WD AGO 53-55 does not reflect this service in that it is missing the award of the Army of Occupation of Korea Medal * instead, his WD AGO Form 53-55 lists the Army of Occupation of Japan Medal; he asserts he never served in Japan * he acknowledges that Japan ran the Korean government during the war, and they were shipped back to Japan while he was in Korea 4. The applicant provides a list of awards and a letter from the Army Review Boards Agency (ARBA), dated 21 May 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 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 complete military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973. The Army personnel records affected dated from between November 1912 to January 1960. It is believed that the applicant's records were lost or destroyed in that fire. However, a reconstructed record from NPRC includes a WD AGO Form 53-55, and this provides sufficient basis to address the applicant's request. 3. The applicant's WD AGO Form 53-55 shows the following entries: * he was inducted into the Army of the United States on 24 January 1945 * he arrived in the Pacific Theater of Operations (PTO) on 22 August 1945 * he was assigned to Headquarters Company, 592nd Engineer Boat and Shore Regiment at the time of his separation * he departed the PTO on 3 October 1946, and arrived in the U.S. on 16 October 1946 * he was honorably discharged on 9 December 1946 * he was awarded or authorized: * Asiatic-Pacific Campaign Medal (listed as the Asiatic Pacific Theater Ribbon) * World War II Victory Medal * Army Good Conduct Medal (1st Award) * Army of Occupation of Japan Medal * Expert Marksmanship Qualification Badge with Carbine Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) * two overseas service bars REFERENCES: 1. Department of the Army Pamphlet (DA PAM) 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for World War II and the Korean War. It shows the 592nd Engineer Boat and Shore Regiment was awarded occupation credit as follows: * Japan from 25 October 1945 to 24 November 1945 * Korea from 25 November 1945 to 5 March 1946 2. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. It states a. The Army of Occupation Medal was established by War Department General Orders Number 32, 1946. (1) It was awarded for service of 30 or more consecutive days at a normal post of duty in: * Japan - from 3 September 1945 to 27 April 1952 (included the four main islands, and the surrounding smaller islands) * Korea - 3 September 1945 to 29 June 1949 * for both occupation medals, service between 3 September 1945 to 2 March 1946 counted only if the Asiatic-Pacific Campaign Medal was awarded for service before 3 September 1945 (2) The Army of Occupation Medal Clasp is authorized for Soldiers who served in the Far East Theater during the occupation of the Far East. The clasp will bear the inscription "Japan," and no other inscription is authorized. b. Paragraph 6-7 (Clasps) states, claps are authorized for wear with the Army of Occupation Medal. This clasp will be a bronze bar inscribed with either Germany or Japan to denote occupation duty rendered in either Europe or the Far East. c. The Asiatic-Pacific Campaign Medal was established by Executive Order Number 9265, and was awarded for service in the Asiatic-Pacific Theater between 7 December 1941 and 2 March 1946 based on permanent assignment, or being in a passenger status or on temporary duty for 30 consecutive days. DISCUSSION: 1. An official from the Case Management Division of ARBA corrected the applicant's first name to Raymond, and provided the applicant a corrected copy of the Record of Proceedings (ABCMR Docket Number AR20140016944), as well as the notification of results letter. 2. With regard to the Asiatic-Pacific Campaign Medal, his WD AGO 53-55 indicates he already received this award. The form lists it as Asiatic Pacific Theater Ribbon, but this is another name for the same award. Based on this, no correction is necessary. 3. DA PAM 672-1 affirms the applicant's unit of assignment was awarded occupation credit for Japan for the period 25 October 1945 to 24 November 1945, and for Korea from 25 November 1945 to 5 March 1946. a. While his WD AGO Form 53-55 does not offer the exact period of his assignment to this unit, it is evident this was his last unit of assignment prior to his discharge. It is highly likely he served in this unit while he was in the PTO. b. By regulation, all occupation duty performed in the Far East or PTO, regardless whether service was in Japan or Korea, will be reflected with a clasp bearing the inscription "Japan." c. Based on the foregoing, no change is needed with regard to the Army of Occupation Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010830 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010830 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2