AIR FORCE BOARD FOR CORRECTION OF MILITARY REC$$Pq
RECORD OF PROCEEDINGS
IN THE MATTER OF:
t 2 L 111998
DOCKET NUMBER: 97-02618
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REOUESTS THAT:
His records be corrected to reflect award of the Army of
Occupation Medal, with Japan - Korea Clasp.
His 20 October 1949 Report of Separation, WD AGO Form 53-58, be
corrected to reflect credit for time served in Korea.
His Reports of Separation, WD AGO Form 53-58, issued on
20 October 1949, and DD Form 214, issued on 17 January 1952, be
corrected as stated (eye color, height, organization, military
occupation, and add missing decorations).
APPLICANT CONTENDS THAT:
While he was in Japan, he wore the Army of Occupation Medal, with
a clasp that said Japan-Korea. He realizes there is only one
medal. The point is that he was in Korea and he is not being
recognized for being there.
In support of his request, applicant submits copies of his WG AGO
Form 53-58, ration card, enlisted men's club card, Korean Red
Cross card, and extract from the Veterans of Foreign Wars (VFW)
magazine and additional documents associated with his contentions
(Exhibit A ) .
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Air Force on
26 November 1947 for a period of 3 years. Applicant's WD AGO
Form 53-58 reveals his overseas assignment was for the period
8 June 1948 - 8 October 1949, for a total of 1 year, 4 months and
1 day. On 20 October 1949, he received a general discharge in
the grade of private, under to provisions of AR 615-365
(convenience of the government). He served a total of 1 year, 10
months and 25 days at the time of his discharge.
On 8 January 1951, applicant reenlisted in the Air Force in the
grade of private first class for a period of 4 years.-
On
17 January 1952, he was honorable discharged under the provisions
s
of AFR 39-13 (Hardship). He had completed a total of 1 year and
10 days of service and 2 days lost under Art 140, UCMJ.
AIR FORCE EVALUATION:
The Recognition Programs Branch, HQ AFPC/DPPPRA, stated that the
applicant indicated he was stationed in Korea 3 September 1945 -
29 June 1949 and in Japan 3 September 1945 - 27 April 1952. The
applicant has received the Army of Occupation Medal with Japan
Clasp. The Korean Service Medal and United Nations Service Medal
are both awarded for the period 27 July 1950 - 27 July 1954. The
applicant was informed that he is not eligible for these medals.
DPPPRA stated that there is no Korea clasp for the Army of
Occupation Medal. Applicant cannot be awarded a clasp that does
not exist. DPPPRA recommended disapproval of the applicant's
request for award of the Army of Occupation Medal with Korea
clasp (Exhibit C) .
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He stated that as for being in Korea 3 Sep 45 - 29 Jun 49, that
is when the occupation started and ended for Korea. He was there
in July, Auqust and part of September 1948. He did not request
the Korean Service Medal or the United Nations Medal. He wore
the Army of Occupation Medal with the clasp on it that said
Japan-Korea. While in England, he gave his occupation ribbon,
with the clasp that said Japan-Korea, to an English lady who gave
him a cup of tea after he walked her home. The Veteran's of
Foreign Wars (VFW) Magazine stated all the facts about the
occupation medals in the August 1997 issue (Exhibit E).
ADDITIONAL AIR FORCE EVALUATION:
Pursuant to the Board's request for clarification of an item in
the Veterans of Foreign Wars (VFW) Magazine, indicating the Army
of Occupation-Far East Medal was awarded for overseas duty in
Korea, during the period 3 September 1945 - 29 June 1949; and
whether or not the applicant meets the criteria for receiving
credit for serving in Korea, HQ AFPC/DPPPRA provided the
following response.
DPPPRA stated that, in accordance with the Department of Defense
1348.33 Manual, September 1996, the Army of Occupation Medal for
30 consecutive days' service was awarded for military service
between 3 Sep 45 - 27 Apr 52 for service in Japan and for
military service during 3 Sep 45 - 29 Jun 49 for service in
Korea.
Hence, this portion of the VFW article is correct.
However, DPPPRA cannot explain the middle reproduction of "Army
of Occupation - Far East." DPPPRA provided a copy of the actual
medal stocked and issued by the Air Force and a page from Medals
of America catalog showing the medal they offer f o r sale, which
is exactly what the Air Force has.
DPPPRA stated that the VFW
2
97-02618
Magazine item the applicant enclosed is merely for individuals to
determine their eligibility for membership in the VFW.
DPPPRA stated that the applicant's 20 October 1949 Report of
Separation has no block to reflect the specific overseas
assignment ( s ) of individuals. He received the Army of' Occupation
Medal, with Japan Clasp, as the only award to which he was
considered entitled at that time.
His records have been
corrected to reflect award of the Good Conduct Medal and the
National Defense Service Medal. DPPPRA stated that the applicant
does not meet the criteria for receiving credit for service in
Korea.
DPPPRA stated that there are no additional awards or decorations
to which the applicant is entitled and no place on his Report of
Separation to list places of his overseas service.
DPPPRA
recommended disapproval of the applicant's request for award of
the Army of Occupation Medal with Korea clasp (Exhibit C).
APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:
He stated that the administrative corrections were erroneously
made to his 17 January 1952 DD Form 214 instead of his 20 October
1949 Report of Separation.
The Air Force advisory states he is not entitled to award of the
Occupation Medal Korea because it is not on his WD AGO Form
53-58. The reason he submitted his application is because his
Korean service was not listed on his WD AGO Form 53-58. He was
in Korea July, August and September 1948 (Exhibit E).
THE BOARD CONCLUDES THAT:
The applicant has exhausted all remedies provided by existing
1.
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. We
took notice of the applicant's complete submission in judging the
merits of the case concerning award of the Army of Occupational
Medal, with Japan-Korea Clasp, and correction to his WD AGO Form
53-38 to reflect credit for time served in Korea. However, we
are in agreement with the opinion and recommendation of the Air
Force office of primary responsibility (HQ AFPC/DPPPRA) and adopt
their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, absent sufficient evidence to the contrary, we find no
compelling basis to recommend granting the applicant's request
concerning the aforementioned issues.
3
9 7 - 0 2 6 1 8
*
4. With regard to the administrative corrections to the
applicant
I s Reports of Separation, we noted that the previously
approved corrections were erroneously'entered on the DD Form 215.
Inasmuch as the Reports of Separation were not properly
corrected, we recommend that the applicant's records be corrected
as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected as follows:
a. The DD Form 215, Correction to DD Form 214, Certificate
of Release or Discharge from Active Duty, issued on 24 September
1997, be declared void.
b. The WD AGO Form 53-58, Enlisted Record and Report of
Separation, issued on 20 October 1949, be amended to read: Block
Block 13 (Color
6 (Organization) '\8th Air Police Sq-
Eyes) 'Green"; Block 15 (Height) "5 feet 6 inches"; Block 30
(Military Occupational Specialty) "Military Policeman."
c. The DD Form 214, Report of Separation from the Armed
Forces of the United States, issued on 17 January 1952, be
amended to read: Block 12, Color Eyes - "Green" and Height - "5
feet 6 inches"; Block 27, Decorations - add "Good Conduct Medal"
and the 'National Defense Service Medal."
The following members of the Board considered this application in
Executive Session on 21 July 1 9 9 8 , under the provisions of AFI
36-2603:
Mr. David W. Mulgrew, Panel Chair
Mr. Joseph G. Diamond, Member
Mr. Terry A. Yonkers, Member
All members voted to correct the records, as recommended.
following documentary evidence was considered:
The
Exhibit A. DD Form 149, dated 29 Aug 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letters, HQ AFPC/DPPPRA, dated 1 Oct 97 and
Exhibit D. Letters, SAF/MIBR, dated 20 Oct 97 and 9 Mar 98.
Exhibit E. Letters from applicant, dated 23 Oct 97 and
2 Mar 98, w/atchs.
26 Mar 98, w/atchs. n
DAVID w. M U L G R E ~
Panel Chair
4
97-02618
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AF’BCMR 97-026 1 8
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for Correction
of Military Records and under the authority of Section 1552, Title 10, United States Code (70A
Stat 116), it is directed that:
of the Department of the Air Force relating to-
corrected as follows:
a. The DD Form 215, Correction to DD Form 214, Certificate of Release or
Discharge fiom Active Duty, issued on 24 September 1997, be, and hereby is, declared void.
b. The WD AGO Form 53-58, Enlisted Record and
20 October 1949, be amended to read: Block 6 (Organization)
Block 13 (Color Eyes) “Green”; Block 15 (Height) “5 feet 6 inc
Occupational Specialty) ‘‘Military Policeman.”
n
c. The DD Form 2 14, Report of Separation fiom the Armed Forces of the United
States, issued on 17 January 1952, be amended to read: Block 12, Color Eyes - “Green” and
Height - “5 feet 6 inches”; Block 27, Decorations - add “Good Conduct Medal” and the
“National Defense Service Medal.”
Director
Air Force Review Boards Agency
U
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