MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:            19 May 1999
	DOCKET NUMBER:    AR1999015038

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Roger W. Able		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Army of Occupation Medal with Japan Clasp.

APPLICANT STATES:  That he served in the Occupation Army in Japan from August 1945 to December 1945.  He states that he sailed from Marseilles, France in August 1945 to Japan on the “Sea Quail”.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 31 December 1942 and was honorably discharged on 10 January 1946.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows in item 36 (Service Outside of the Continental U.S. and Return) the entry “ETO” [European Theater of Operations].  Item 33 (Decorations and Citations) shows that the applicant was awarded the European-African-Middle Eastern Service Medal, thus indicating service in the European Theater.  

There is no indication in the limited records available to the Board which shows that the applicant served in the Pacific Theater of Operations during World War II.  His WD AGO Form 53-55 does not show the Asiatic-Pacific Service Medal as an authorized award.  Item 6 (Organization) of his WD AGO Form 53-55 shows his unit at the time of his separation from the Army as the 3149 Engineer Refrigeration Maintenance Company.

Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, will show whether or not a World War II unit was authorized occupation credit, thus entitlement to the Army of Occupation Medal.  Page 459 of the Unit Citation and Campaign Participation Credit Register shows the 3149 Engineer Refrigeration Maintenance Company received occupation credit for Japan from 5 November 1945 to 20 February 1946.

Army Regulation 600-8-22 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, escort, 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence of record which shows that the applicant received the Asiatic-Pacific Service Medal or that he served in the Asiatic-Pacific Theater.

2.  Notwithstanding the fact that the applicant’s unit at the time of his separation from the Army had received occupation credit in Japan, there is no evidence that he served a period of qualifying service in the Asiatic-Pacific Theater of Operations entitling him to award of the Army of Occupation Medal.  Therefore, he is not eligible for award of the Army of Occupation Medal.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JNS_____  RGH____  RWA____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015038	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990519	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460110	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILLIZATION	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.