BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160002208 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160002208 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________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. BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160002208 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, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) by showing his unit was authorized the Army of Occupation Medal with Japan Clasp. 2. The applicant states he believes the FSM's unit served the required 30 days in Japan for award of the Army of Occupation Medal with Japan Clasp. 3. The applicant provides: * WD AGO Form 53-55 * WD AGO Form 100 (Separation Qualification Record) * applicant's certificate of birth, issued 18 July 2013 * letter from the National Personnel Records Center (NPRC) to the applicant, dated 1 September 2015 (3 pages) 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 FSM's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case. 3. The FSM's WD AGO Form 53-55 shows he was assigned to Headquarters Company, 2nd Battalion, 161st Infantry, 25th Division. He served in the Pacific theater of operations with his unit in New Zealand, Philippine Islands, and Japan from 18 January 1944 to an unknown date after 11 January 1945. He arrived back in the United States on 13 January 1946. He was separated from the military on 19 January 1946. The awards and decorations listed on his WD AGO Form 53-55 do not include the Army of Occupation Medal with Japan Clasp. REFERENCES: 1. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 161st Infantry Regiment, 25th Infantry Division, was granted occupation credit for Japan on 15 November 1945 for 1 day only. 2. Army Regulation 600-8-22 (Military Awards) provides that the Army of Occupation Medal is awarded for service of 30 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. It further provides for wear of the Japan clasp for qualified service in Japan between 3 September 1945 and 27 April 1952 in the four main islands of Hokkaido, Honshu, Shikoku, and Kyushu and the surrounding smaller islands of the Japanese homeland, the Ryukyu Islands and the Bonin-Volcano Islands. Soldiers who served in the Fa  East theater during the occupation of the Far East will wear the clasp inscribed with "Japan." DISCUSSION: A review of the available records reveals the FSM's unit received only 1 day of occupation credit for Japan. By regulation, award of the Army of Occupation Medal requires a minimum period of 30 consecutive days or more in an occupation status. Based on the available evidence, it appears the FSM's unit did not meet the criteria for award of the Army of Occupation Medal with Japan Clasp. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002208 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002208 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2