ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 October 2019 DOCKET NUMBER: AR20190001495 APPLICANT REQUESTS: in effect, correction of the WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) of her late husband, a former service member (FSM), to show award of the Army of Occupation Medal-Japan for his service in Japan following the end of World War II. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * FSM's WD AGO Form 40 (Certificate of Disability for Discharge), dated 16 May 1946 * FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) * FSM's WD Form 371 (Final Payment Roll), dated 17 May 1946 * FSM's Certificate of Death, dated 14 October 2004 * Letter, National Personnel Records Center, dated 10 August 2017 FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The FSM's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant states: * her late husband served in the Pacific theater following the end of the war in 1945 * he wasn't discharged until May 1946 and his service clearly shows he served in the Pacific * he received the following authorized awards – * World War II Victory Medal * Asiatic-Pacific Campaign Medal * Army Good Conduct Medal * American Campaign Medal * Sharpshooter Marksmanship Qualification Badge * Honorable Service Lapel Button * he is only missing award of the Army of Occupation Medal for his service in Japan * he was part of the occupying Army in Japan and is eligible for award of the Army of Occupation Medal * he was stationed in Okinawa 4. The applicant provided a copy of the FSM's Certificate of Disability for Discharge showing, in part, the FSM had a healed left ear drum when he was accepted into the Army. It remained healed for 2 years and again was perforated while stationed in Okinawa. His unit of assignment is shown as Detachment of Patients, Halloran General Hospital, Staten Island, NY. 5. The applicant provided a copy of the FSM's Enlisted Record and Report of Separation – Honorable Discharge showing in: * item 6 (Organization) – illegible – Army/Air Force Post Office 337 (Okinawa) * item 7 (Date of Separation) – 17 May 1946 * item 33 (Decorations and Citations) – * Asiatic-Pacific Theatre Campaign Ribbon (now known as the Asiatic-Pacific Campaign Medal) * Army Good Conduct Medal * American Theatre Campaign Ribbon (now known as the American Campaign Medal) * World War II Victory Ribbon (now known as the World War II Victory Medal) * item 36 (Service Outside Continental United States and Return) – * he departed the continental United States on 4 June 1945 * he arrived in the Asiatic-Pacific theater on 24 July 1945 * he departed the Asiatic-Pacific theater on an unknown date * he arrived in the continental United States on 9 March 1946 6. There is no available evidence of record showing the FSM was assigned to a unit assigned to the Army of Occupation of Japan. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is warranted. 2. The Army of Occupation Medal was awarded for service of 30 consecutive days at a normal post of duty while assigned to the Army of Occupation of Japan between 3 September 1945 and 27 April 1952. The area of eligibility included the Ryukyu Islands (includes Okinawa). Service between 3 September 1945 and 2 March 1946 will be counted only if the Asiatic-Pacific Campaign Medal was awarded for service before 3 September 1945. 3. The Board concluded that a preponderance of the evidence shows the FSM met the criteria for the Army of Occupation Medal. a. He became eligible for the Asiatic-Pacific Campaign Medal before 3 September 1945. b. He served in the Ryukyu Islands (Okinawa) for more than 30 consecutive days. c. His unit could not be identified, and therefore could not be confirmed to have been part of the Army of Occupation of Japan. The Board agreed, however, that given the fact that the majority of his records were destroyed, it would be appropriate to presume he was assigned to a unit under the Army of Occupation of Japan in the absence of evidence showing this was not the case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army of Occupation Medal – Japan to his WD AGO Form 53-55. 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. 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 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. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army of Occupation Medal was awarded for service of 30 consecutive days at a normal post of duty while assigned to the 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 (includes Okinawa); 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 before 3 September 1945. b. The Asiatic-Pacific Campaign Medal was awarded for service within the Asiatic- Pacific theater between 7 December 1941 and 2 March 1946. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190001495 3 1