IN THE CASE OF: BOARD DATE: 23 January 2009 DOCKET NUMBER: AR20080017081 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 requests award of the Army of Occupation Medal with Korea Clasp and the Good Conduct Medal. 2. The applicant states that he believes these medals should have been awarded to him. 3. The applicant provides a letter, dated 18 August 2008, from the National Personnel Records Center, St. Louis, Missouri; a Separation Qualification Record; a WD AGO Form 53-55 (Enlisted Record and Report of Separation); an Honorable Discharge Certificate; and excerpts on the Army of Occupation Medal during World War II and the Good Conduct Medal in support of his application. 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 applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant enlisted on 29 June 1946. He served in the Pacific Theater of Operations from 29 October 1946 through 30 October 1947 and was honorably discharged on 21 November 1947. 4. Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows he was assigned to the 54th Military Police Company. His WD AGO Form 53-55 does not show the Army of Occupation Medal with Korea Clasp or the Good Conduct Medal as authorized awards. 5. In support of his claim for the Army of Occupation Medal with Korea Clasp, the applicant provided a copy of his Separation Qualification Record which shows he served as a military policeman in Korea with the 54th Military Police Company. This record also shows that he served as a military policeman for 11 months. 6. There are no orders for the Good Conduct Medal in the available records. 7. Army Regulation 600-8-22 (Military Awards) 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. For award of the Army of Occupation Medal for Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive. 8. Army Regulation 600-68 (Personnel/Good Conduct Medal), in effect at the time, stated, in pertinent part, that the Army Good Conduct Medal might be awarded for exemplary behavior, efficiency, and fidelity to each enlisted man of the Army of the United States who on or after 27 August 1940, had or should have completed 3 years of active Federal military service or after 7 December 1941, or had or should have completed 1 year of continuous active Federal military service while the United States was at war. DISCUSSION AND CONCLUSIONS: 1. The applicant's Separation Qualification Record which shows he served as a military policeman in Korea with the 54th Military Police Company is accepted as sufficient evidence on which to base award of the Army of Occupation Medal with Korea Clasp in this case. 2. Since the applicant’s service personnel records are not available, there is insufficient evidence on which to base award of the Good Conduct Medal in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x_____ ____x____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 with Korea Clasp on his WD AGO Form 53-55. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Good Conduct Medal. ______xxx_ _ _______ ___ 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. ABCMR Record of Proceedings (cont) AR20080017081 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080017081 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1