ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 September 2019 DOCKET NUMBER: AR20180014190 APPLICANT REQUESTS: in effect, correction to his WD AGO Form 53-55 (Army of the United States – Honorable Discharge) for the period ending 28 January 1947 to remove the Army of Occupation Medal (Japan) from item 33 (Decorations and Citations) and replace it with the Army of Occupation (Germany). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * WD AGO Form 53-55 FACTS: 1. While it appears the applicant did not file within the time frame provided in the statute of limitations, the Army Board for Correction of Military Records (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 states he noticed that his DD Form 214 (sic) reflects that he was awarded the Army Occupation Medal (Japan); however, he was never deployed to Japan. He served in Germany during World War II (WWII) and never went to Japan or the islands surrounding Japan. 3. The applicant's military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered primarily using his WD AGO Form 53-55 to conduct a fair and impartial review of this case. 4. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 7 August 1945 and honorably discharged on 28 January 1947 at Fort Sheridan, Illinois, after serving 1 year, 5 months, and 22 days, with 10 months and 24 days of foreign service. His WD AGO Form 53-55, shows: a. Item 6 (Organization) – he was assigned to the 552d Ordnance Truck Company b. item 32 (Battles and Campaigns) – “None.” c. item 33, he was awarded the Victory Medal and the Army of Occupational Medal Japan. d. item 36 (Service Outside Continental U.S. and Return) lists the following information: * Date of Departure: 5 February 1946 * Destination: Pacific Theater of Operations (PTO) * Date of Arrival: 15 February 1946 * Date of Departure: 12 December 1946 * Destination: U.S.A. * Date of Arrival: 26 December 1946 e. item 55 (Remarks) reflects he was issued the Lapel Button and one overseas service bar. 5. The applicant's reconstructed record only contains a War Department Form Number 372-A (Final Payment – Work Sheet) which shows his final payment from the service. It does not list his overseas assignment. 6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) does not show the unit he was assigned to as being in Germany or Japan during his period of military service. 7. Technical Manual 12-236 (Preparation of Separation Forms), states for item 33, it states, decorations or citations and authority for each. Authorities for service medals need not be entered. For item 36, it states to enter the date of departure, destination and date of arrival for each movement between theaters, and between a theater and the United States. The applicant’s WD AGO Form 53-55 shows he was in the Pacific Theater of Operations from 15 February 1946 to 12 December 1946. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the belief his records were lost or burned in the fire at the personnel records center and the entries on his WD AGO Form 53-55. The Board found the available records show the applicant in the Pacific Theater of Operations in 1946, and that he was there for a sufficient amount of time for award of the contested medal. There is insufficient evidence to show that the applicant was in Germany or in the European Theater of operations. Based on a preponderance of evidence, the Board determined that the award the applicant requests be removed from his record is not there in error or unjustly. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : FULL GRANT : : : PARTIAL GRANT : : : FORMAL HEARING GRANT : X :X :X DENY APPLICATION 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. 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. ADMINISTRATIVE NOTES(S): Not Applicable. REFERENCES: 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. 2. Technical Manual 12-236, dated April 1945, describes in detail, step by step, the proper method of executing the series of eight-part separation forms for officer and enlisted personnel, which are a combination of ·the various Certificates of Discharge and Service with the Report of Separation, and the WD AGO Form 53-55. For item 33, it states, decorations or citations and authority for each. Authorities for service medals need not be entered. For item 36, it states to enter the date of departure, destination and date of arrival for each movement between theaters, and between a theater and the United States. 3. Department of the Army Pamphlet 672-1 states that this pamphlet is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for WWII and for the Korean War. 4. Army Regulation 672-5-1 (Military Awards), states in chapter 4, paragraph 24, established by WD General Orders,32, 1946, that the Army of Occupation Medal was awarded for service for 30 consecutive days at a normal post of duty, (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service) while assigned to any of the following: a. Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May, 1955. (Service between 9 May and 8 November 1945 will be counted only if the European African-Middle Eastern Campaign Medal was awarded for service prior to 9 May 1945.) b. Service for the prescribed period with a unit which has been designated in Department of the Army general orders as having met the requirement for the Berlin airlift device. c. Service for which the individual was awarded the Berlin airlift, device in orders issued by appropriate field authority d. Army of Occupation of Japan between 3 September 1945 and 27 April 1952 in the four main islands of Hokkaido, Honshu, Shikoku, and Kyushu, the surrounding smaller islands of the Japanese homeland the Ryukyu Islands, and the Bonin-Volcano Islands. (Service between 3 September 1945 and 2 March 1946 will be counted only if the Asiatic-Pacific Campaign Medal was awarded for service prior to 3 September 1945. ABCMR Record of Proceedings (cont) AR20180014190 2