RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01341

XXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his official military records to reflect award of:

1.	Asiatic-Pacific Campaign Medal
2.	Victory in the Pacific Medal

APPLICANT’S CONTENTIONS

He was shipped out of San Francisco, California on a troopship on 25 October 1946, arriving 30 November 1946 in Japan, and assigned to the 6th Photo Technical Squadron of Pacific Air Command, where he remained until 18 April 1946, and then was honorably discharged in the United States.  In 1947, President Truman declared the “end of hostilities” so until that declaration, he was serving in the Pacific zone that should entitle him to the two additional awards that he seeks.  At least six months of his three-year enlistment were served in the Pacific theater, before “end of hostilities” was declared by the President.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant.

On 25 April 1949, according to documentation provided by the applicant, the applicant was furnished an honorable discharge for the period 9 May 1946 – 25 April 1949, of which 2 years, 6 months, 24 days was foreign service.

According to the WD AGO Form 53, Enlisted Record and Report of Separation – Honorable Discharge, provided by the applicant, the applicant was awarded the Army of Occupation Medal – Japan and the World War II Victory Medal.

For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICABLE AUTHORITY/GUIDANCE

In accordance with Air Force Manual (AFM) 36-2806, Awards and Memorialization Program:

A15.5.4. Asiatic-Pacific Campaign Medal.  The medal was established by EO 9265, and announced in War Department Bulletin 56, 1942, and amended by EO 9706, 15 March 1946.

A15.5.4.1. The medal is awarded for service within the Asiatic-Pacific Theater between 7 December 1941 and 2 March 1946 under any of the following conditions: 

A15.5.4.1.1. On permanent assignment in the Asiatic-Pacific Theater. 

A15.5.4.1.2. In a passenger status or on temporary duty for 30 consecutive or 60 nonconsecutive days. 

A15.5.4.1.3. In active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps, higher unit, or independent force that the member actually participated in combat.

There is no official Victory in the Pacific Medal authorized by this guidance.  There is, however, an unofficial Pacific Victory Commemorative Medal struck by a private veterans’ organization recognizing soldiers, sailors, marines, and airmen who served in or supported the Pacific Theater during the period 1941-1946 that may be purchased through commercial awards companies.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant did not meet the service date requirements for award of the Asiatic-Pacific Campaign Medal.  The Victory in the Pacific Medal is not an officially issued award, but a commemorative medal struck by a private veterans’ organization that may be acquired commercially.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2021-01341 in Executive Session on 8 Feb 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.