IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140016944 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Korean Service Medal.

2.  The applicant states his records reflect the Army of Occupational Medal with Japan Clasp.  He never served in Japan; he served in Korea for the Korean Service Medal.  He arrived in Korea on or about 9 September 1945.  He was assigned to the 1st Boat and Shore Regiment which was changed to Headquarters Company, 592nd Engineer Boat and Shore Regiment, and then to the 54th Transportation Company.  He departed Korea on 5 October 1946.  Therefore, he should have been awarded the Korean Service Medal.  He is requesting the change be made if this is correct.

3.  The applicant provides copies of the following:

* WD AGO Form 53-55
* Honorable Discharge Certificate
* letter from the National Personnel Records Center (NPRC)

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant's complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the NPRC in 1973.  It is believed his records were destroyed in that fire.  However, there is sufficient documentation contained in a reconstructed record and the evidence the applicant submitted with his application for the Board to conduct a fair and impartial review of this case.

3.  The available records show he was inducted into the Army of the United States on 24 January 1945 and he held military occupational specialty 502 (chief clerk).  

4.  He was honorably discharged on 9 December 1946.  He was credited with completing 7 months and 20 days of continental service and 1 year, 2 months, and 26 days of foreign service.  His WD AGO Form 53-55 shows in:

* Item 32 (Battles and Campaigns) – None
* Item 33 (Decorations and Citations) – the:

* Asiatic Pacific Campaign Medal
* World War II Victory Medal
* Army Good Conduct Medal
* Army of Occupation Medal with Japan Clasp

* Item 36 (Service Outside Continental U.S. and Return) – he served in the Pacific Theater of Operations (PTO) from 22 August 1945 through 3 October 1946

5.  He provided a copy of his Honorable Discharge Certificate dated 9 December 1946.

6.  Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954 for service within the territorial limits of Korea or in waters immediately adjacent thereto while on permanent assignment; or on temporary duty for 30 consecutive days or 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his WD AGO Form 53-55 should be corrected to show award of the Korean Service Medal.  However, the available evidence shows he served in the PTO from 22 August 1945 through 3 October 1946.  He was honorably discharged on 9 December 1946.

2.  By regulation, the Korean Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954.  

3.  He was discharged prior to the established dates for award of the Korean Service Medal; therefore, he does not meet the eligibility criteria for this award and he is not authorized to have the award added to his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____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 that 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.

ABCMR Record of Proceedings (cont)                                         AR20140016944



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ABCMR Record of Proceedings (cont)                                         AR20140016944



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